N.H. Code Admin. R. Ann. Env-Wt — Wetlands Programs (Formerly Wt indicating Wetlands Board. Wetlands Board was abolished effective 8-9-96 pursuant to 1996, 296:32, I. Rules Wt of the Wetlands Board remained in effect as rules of the Department of Environmental Services pursuant to 1996, 296:30, eff 8-9-96, and have been since readopted with amendments by the Commissioner.)

Chapter Env-Wt 100 Definitions; Access to Records

Part Env-Wt 101 Definitions Incorporated

N.H. Code Admin. R. Ann. Env-Wt 101.01 Definitions Relating to Coastal Lands and Tidal Waters {#sec-env-wt-101.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 101.01}

Terms in subtitle Env-Wt relating directly to coastal lands and tidal waters shall have the meanings specified in Env-Wt 602.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 101.02 Definitions Relating to Stream Crossings {#sec-env-wt-101.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 101.02}

Terms in subtitle Env-Wt relating directly to stream crossings shall have the meanings specified in Env-Wt 902.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 101.03 Terms Defined in Best Management Practices Manuals {#sec-env-wt-101.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 101.03}

Any term defined in a best management practices manual shall have the meaning assigned in the manual for any activity being conducted in accordance with the manual.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

Part Env-Wt 102 Definitions: a Through E

N.H. Code Admin. R. Ann. Env-Wt 102.01 100-year floodplain {#sec-env-wt-102.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.01}

“100-year floodplain” means those areas identified as a 100-year floodplain on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, available at https://www.nh.gov/osi/planning/programs/fmp/maps.htm.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.02 Abandoned {#sec-env-wt-102.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.02}

“Abandoned” means a structure has not been maintained for 5 years or more and is no longer in a functional and intact condition for its original intended use.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.03 Abutter {#sec-env-wt-102.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.03}

“Abutter” means any person who holds title to abutting property or who owns flowage rights on abutting property.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.04 Abutting property {#sec-env-wt-102.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.04}

“Abutting property” means any property immediately contiguous to the property on which a project has occurred or is proposed, provided that:

(a) The term does not include any property that is separated by a public road from the property on which a project has occurred or is proposed, or that is more than ¼-mile from the limits of the work or proposed work;

(b) For any project located on the shoreline of a surface water body, the term includes any property within 100 feet of the shoreline impact in any direction;

(c) For any project that will impact a watercourse, the term includes any property within 100 feet upstream or downstream of the impact area; and

(d) If an abutting property is owned in whole or in part by the person who undertook the work or is proposing to undertake the work, or is necessary to meet a frontage requirement, the term includes the next contiguous property, subject to the ¼-mile limitation.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.05 Accessory docking structure {#sec-env-wt-102.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.05}

“Accessory docking structure” means a docking structure that assists in securing watercraft or protecting the docking structure or watercraft but is not used to load or unload passengers or goods, such as, for example, a canopy, dolphin, ice cluster, personal watercraft lift, or watercraft lift.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-24-24 (See Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 102.06 Administratively complete {#sec-env-wt-102.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.06}

“Administratively complete” means that the application or notification package contains all items and information required by the applicable provisions in Env-Wt 308.06, Env-Wt 309.05, Env-Wt 309.07, Env-Wt 309.08, Env-Wt 310.01, Env-Wt 310.02, Env-Wt 311.12, Env-Wt 311.13, Env-Wt 312.02, and Env-Wt 312.05.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 ; ss by #13945, eff 4-24-24 (See Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 102.07 After-the-fact application {#sec-env-wt-102.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.07}

“After-the-fact application” means an application for a permit or other approval under RSA 482-A that is filed after work on the project covered by the application has been started or is complete.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.08 After-the-fact permit {#sec-env-wt-102.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.08}

“After-the-fact permit” means a permit or other approval issued based on an after-the-fact application.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.09 Applicant {#sec-env-wt-102.09 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.09}

“Applicant” means a person having a legally-recognized interest in the land on which work in a jurisdictional area has been undertaken or is proposed to be undertaken that is sufficient for the person to have, or to obtain, an enforceable proprietary interest in the land and legally proceed with the project if the appropriate approval is issued, who has applied for a permit, permit modification, waiver, or other approval pursuant to subtitle Env-Wt and in whose name the permit will be issued if the application is approved.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.10 Application {#sec-env-wt-102.10 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.10}

“Application” means an application for a permit-by-notification (PBN) under Env-Wt 309, an expedited permit (EXP) under Env-Wt 310, or a standard permit under Env-Wt 311.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.11 Authorized agent {#sec-env-wt-102.11 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.11}

“Authorized agent” means the individual who has been legally authorized by an applicant to represent the applicant’s interests in connection with an application or other request.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.12 Avoidance {#sec-env-wt-102.12 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.12}

“Avoidance” means not impacting jurisdictional areas if there is a practicable alternative to the proposed project that would have less impact on the aquatic ecosystem or jurisdictional areas, so long as the alternative does not have other significant adverse environmental consequences and is consistent with 40 CFR 230.10(a).

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #12953, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 102.13 Avoidance, minimization, mitigation {#sec-env-wt-102.13 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.13}

“Avoidance, minimization, mitigation” means the 3-step sequence an applicant must follow to eliminate adverse impacts to jurisdictional areas to the maximum extent practicable.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.14 Avoid and minimize {#sec-env-wt-102.14 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.14}

“Avoid and minimize” means to avoid impacts to the maximum extent practicable and then minimize those impacts that cannot be avoided.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.15 Bank {#sec-env-wt-102.15 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.15}

“Bank” means the transitional slope adjacent to the edge of a surface water body, the upper limit of which is usually defined by a break in slope, or for a wetland, where a line delineated in accordance with Env-Wt 400 indicates a change from wetland to upland.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.16 Beach {#sec-env-wt-102.16 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.16}

“Beach” means an area immediately adjacent to a surface water composed primarily of sand, gravel, or cobble.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.17 Best management wetlands practices for agriculture (Agriculture BMWPs) {#sec-env-wt-102.17 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.17}

“Best management wetlands practices for agriculture (Agriculture BMWPs)” means “Best Management Wetlands Practices for Agriculture” dated 2019, published by the New Hampshire department of agriculture, markets, and food, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.18 Best management practices for avoidance and minimization (A/M BMPs) {#sec-env-wt-102.18 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.18}

“Best management practices for avoidance and minimization (A/M BMPs)” means “Wetlands Best Management Practice Techniques For Avoidance and Minimization” dated 2019, published by the New England Interstate Water Pollution Control Commission, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.19 Best management practices for forestry operations (Forestry BMPs) {#sec-env-wt-102.19 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.19}

“Best management practices for forestry operations (Forestry BMPs)” means “New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations” dated 2016, published by the university of New Hampshire cooperative extension, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.20 Best management practices for control of invasive plants (Invasive Plant BMPs) {#sec-env-wt-102.20 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.20}

“Best management practices for control of invasive plants (Invasive Plant BMPs)” means “Best Management Practices For the Control of Invasive and Noxious Plant Species” dated 2018, published by NHDOT, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 102.21 Best management practices for routine roadway maintenance (Routine Roadway BMPs) {#sec-env-wt-102.21 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.21}

“Best management practices for routine roadway maintenance (Routine Roadway BMPs)” means “Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire” dated 2019, published by NHDOT, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.22)

N.H. Code Admin. R. Ann. Env-Wt 102.22 Best management practices for trail construction and maintenance (Trail BMPs) {#sec-env-wt-102.22 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.22}

“Best management practices for trail construction and maintenance (Trail BMPs)” means “New Hampshire Best Management Practices for Erosion Control During Trail Maintenance and Construction” dated 2017, published by NH DNCR, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.23)

N.H. Code Admin. R. Ann. Env-Wt 102.23 Best management practices for utility maintenance (Utility BMPs) {#sec-env-wt-102.23 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.23}

“Best management practices for utility maintenance (Utility BMPs)” means “Best Management Practices Manual, Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire” dated 2019, published by NH DNCR, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.24)

N.H. Code Admin. R. Ann. Env-Wt 102.24 Best management practices for water quality (Water Quality BMPs) {#sec-env-wt-102.24 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.24}

“Best management practices for water quality (Water Quality BMPs)” means recommended practices for minimizing or preventing the direct or indirect discharge of sediment or other pollutants into surface waters and wetlands, including those listed in Env-Wt 307 and the Agriculture BMPs, Forestry BMPs, Marina BMPs, Invasive Plant BMPs, Routine Roadway BMPs, Trail BMPs, and Utility BMPs.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.25)

N.H. Code Admin. R. Ann. Env-Wt 102.25 Bioengineered bank stabilization {#sec-env-wt-102.25 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.25}

“Bioengineered bank stabilization” means a design method that uses live vegetation and woody material in combination with natural and synthetic materials for slope stabilization, erosion reduction, and vegetation establishment. The term includes soft vegetative stabilization and bioengineered stabilization.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.26)

N.H. Code Admin. R. Ann. Env-Wt 102.26 Boardwalk {#sec-env-wt-102.26 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.26}

“Boardwalk” means an elevated walkway designed for use by pedestrians or non-motorized vehicles, or both, to allow access over wetlands or surface waters, or both, from upland to upland or from upland to navigable frontage generally contructed on a series of widely spaced bents or piers, effectively comprising a series of connected bridges.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, (see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 102.27 Boat slip {#sec-env-wt-102.27 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.27}

“Boat slip” means “boat slip” as defined by RSA 482-A:2, VIII, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, eff 4-24-24 (formerly Env-Wt 102.28)

N.H. Code Admin. R. Ann. Env-Wt 102.28 Boathouse {#sec-env-wt-102.28 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.28}

“Boathouse” means a docking structure having a permanent roof covering one or more boat slips, that may have permanent or removable sidewalls.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, eff 4-24-24 (formerly Env-Wt 102.29)

N.H. Code Admin. R. Ann. Env-Wt 102.29 Bog {#sec-env-wt-102.29 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.29}

“Bog” means a wetland distinguished by stunted evergreen trees and shrubs, peat deposits, poor drainage, highly acidic soil conditions, highly acidic water conditions, or any combination thereof, as determined using “Natural Communities of New Hampshire”, 2nd edition, published by UNH Cooperative Extension dated 2011, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13106, eff 9-25-20; renumbered by #13945 (formerly Env-Wt 102.30)

N.H. Code Admin. R. Ann. Env-Wt 102.30 Breakwater {#sec-env-wt-102.30 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.30}

“Breakwater” means a structure extending generally perpendicular from the shore into surface waters of the state that is designed to protect sections of shoreline, docks, wharves, or anchorage areas from erosion or damage from waves or currents.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-24-24 (See Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 102.31 Bulkhead {#sec-env-wt-102.31 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.31}

“Bulkhead” means a retaining wall built along a waterfront to contain fill.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.32)

N.H. Code Admin. R. Ann. Env-Wt 102.32 Canopy {#sec-env-wt-102.32 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.32}

“Canopy” means a seasonal structure having a roof that is not designed or constructed to withstand an average snow load for the location in which it is installed, and which is erected to shelter watercraft during the boating season.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.33); ss by #14346, eff 8-23-25

N.H. Code Admin. R. Ann. Env-Wt 102.33 Certified professional erosion and sediment control specialist (CPESC specialist) {#sec-env-wt-102.33 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.33}

“Certified professional erosion and sediment control specialist (CPESC specialist)” means an individual certified by EnviroCert International, Inc.® as competent to develop and implement erosion and sediment control practices.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.34)

N.H. Code Admin. R. Ann. Env-Wt 102.34 Certified wetland scientist {#sec-env-wt-102.34 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.34}

“Certified wetland scientist” means “certified wetland scientist” as defined in RSA 310-A:76, II-a, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.35)

N.H. Code Admin. R. Ann. Env-Wt 102.35 Commercial docking structure {#sec-env-wt-102.35 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.35}

“Commercial docking structure” means a docking structure that is allowed by its owner(s) to be used by others with the expectation that compensation or other consideration will be provided to the owner(s) of the structure. The term does not include a docking structure that is used coincidentally with the use of real property to which the structure is appurtenant pursuant to the lease, sale, rental, or other temporary or permanent conveyance of an interest in the real property, and does not include a docking structure serving a private single-family residence where less than half of the slips are rented or leased.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.36)

N.H. Code Admin. R. Ann. Env-Wt 102.36 Commissioner {#sec-env-wt-102.36 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.36}

“Commissioner” means the commissioner of the department of environmental services.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.37)

N.H. Code Admin. R. Ann. Env-Wt 102.37 Compensatory mitigation {#sec-env-wt-102.37 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.37}

“Compensatory mitigation” means activities or projects designed to offset the unavoidable permanent impacts to jurisdictional areas through the preservation of land or the restoration, enhancement, or creation of a wetland, by replacing or partially replacing functions and values of jurisdictional areas lost due to the project impacts.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.36)

N.H. Code Admin. R. Ann. Env-Wt 102.38 Conservation area {#sec-env-wt-102.38 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.38}

“Conservation area” means an area of land legally protected so as to restrict the future use or development of the property in perpetuity, such as by a conservation easement.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.36)

N.H. Code Admin. R. Ann. Env-Wt 102.39 Conservation commission {#sec-env-wt-102.39 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.39}

“Conservation commission” means a municipal body established under RSA 36-A with statutory authority under RSA 482-A to submit comments on applications to the department.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.40)

N.H. Code Admin. R. Ann. Env-Wt 102.40 Conservation project {#sec-env-wt-102.40 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.40}

“Conservation project” means a project to access, maintain, improve, or further protect a conservation area.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 19; renumbered by 13945, (formerly Env-Wt 102.41)

N.H. Code Admin. R. Ann. Env-Wt 102.41 Construction activity {#sec-env-wt-102.41 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.41}

“Construction activity” means any activity that creates, constructs, installs, erects, or otherwise places any structure, as defined by RSA 482-A:2, IX, in a jurisdictional area.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.42)

N.H. Code Admin. R. Ann. Env-Wt 102.42 Continued agricultural use {#sec-env-wt-102.42 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.42}

“Continued agricultural use” means that a wetland has been managed or otherwise maintained as cropland or pasture for agricultural purposes for a period of 5 years or more, such that the land has not reverted to a scrub-shrub wetland, emergent marsh, or forested wetland.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.43)

N.H. Code Admin. R. Ann. Env-Wt 102.43 Corduroy {#sec-env-wt-102.43 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.43}

“Corduroy” means logs, limbs, or branches placed perpendicular to the direction of travel to provide support for logging equipment crossing a wet area that has no standing water, no defined channels, and no vernal pools.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.44)

N.H. Code Admin. R. Ann. Env-Wt 102.44 Crib {#sec-env-wt-102.44 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.44}

“Crib” means an enclosure or framework of durable material, such as timber or prefabricated concrete, that is securely fastened together and filled with an inert ballast, such as stone, that typically is used to support a docking structure in the water.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.45)

N.H. Code Admin. R. Ann. Env-Wt 102.45 Cropland {#sec-env-wt-102.45 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.45}

“Cropland” means land that is used to grow plant species adapted for harvest, alone or in rotation with grasses and legumes. The term includes areas dedicated to vegetables, grain, hay, pasture, fodder, plant fiber, sod, nursery stock, orchards, and similar products.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.46)

N.H. Code Admin. R. Ann. Env-Wt 102.46 DataCheck {#sec-env-wt-102.46 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.46}

“DataCheck” means the results of using the DataCheck tool.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.47)

N.H. Code Admin. R. Ann. Env-Wt 102.47 DataCheck tool {#sec-env-wt-102.47 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.47}

“DataCheck tool” means an online data screening tool used to screen for known locations of threatened and endangered species and exemplary natural communities, currently available at https://www4.des.state.nh.us/NHB-DataCheck/.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.48); ss by #14348 INTERIM, eff 8-26-25; ss by #14470, eff 1-2-26

N.H. Code Admin. R. Ann. Env-Wt 102.48 Deck {#sec-env-wt-102.48 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.48}

“Deck” means, depending on context, either:

(a) The horizontal component of a docking structure; or

(b) A structure that does not extend out over the water that is constructed along a shoreline in place of, and serving the same function as, a beach.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.49)

N.H. Code Admin. R. Ann. Env-Wt 102.49 Deck area {#sec-env-wt-102.49 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.49}

“Deck area” means the total surface area of a deck that is suitable for supporting the intended activity.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.50)

N.H. Code Admin. R. Ann. Env-Wt 102.50 Defined channel {#sec-env-wt-102.50 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.50}

“Defined channel” means an area in or on the ground that exhibits clear evidence of the passage of water and fluvial geomorphic processes, including bed scour, sediment transport, formation of bends, riffles, pools, braiding, point bars, and other common channel features. The term includes but is not limited to bedrock channels, gravel beds, sand beds, and silt beds.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.51)

N.H. Code Admin. R. Ann. Env-Wt 102.51 Department {#sec-env-wt-102.51 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.51}

“Department” means the department of environmental services.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.52)

N.H. Code Admin. R. Ann. Env-Wt 102.52 Design fetch {#sec-env-wt-102.52 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.52}

“Design fetch” means the average of at least 11 radials evenly distributed across a 30 degree arc.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.53)

N.H. Code Admin. R. Ann. Env-Wt 102.53 Designated prime wetlands {#sec-env-wt-102.53 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.53}

“Designated prime wetlands” means “prime wetlands” as defined in RSA 482-A:15, I-a, reprinted in Appendix C, that have been designated by a municipality pursuant to RSA 482-A:15 and Env-Wt 700.

History

#12953, eff 12-24-19; renumbered by #13945 (formerly Env-Wt 102.54)

N.H. Code Admin. R. Ann. Env-Wt 102.54 Designated river {#sec-env-wt-102.54 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.54}

“Designated river” means “designated river” as defined in RSA 483:4, VIII, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 102.55)

N.H. Code Admin. R. Ann. Env-Wt 102.55 Director {#sec-env-wt-102.55 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.55}

“Director” means the director of the division of water within the department.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.56)

N.H. Code Admin. R. Ann. Env-Wt 102.56 Docking structure {#sec-env-wt-102.56 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.56}

“Docking structure” means any structure or combination of structures that can be used to secure watercraft or to load and unload passengers, freight, or other items, or any combination thereof, whether or not any part of the structure is in or over the water. The term includes “dock” when used as a noun, “pier”, “wharf”, and “finger”.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.57)

N.H. Code Admin. R. Ann. Env-Wt 102.57 Dock {#sec-env-wt-102.57 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.57}

“Dock” as a verb means to secure watercraft adjacent to a structure.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.58)

N.H. Code Admin. R. Ann. Env-Wt 102.58 Dolphin {#sec-env-wt-102.58 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.58}

“Dolphin” means a permanent rigid structure on the bottom of a surface water or in or on an adjacent beach or bank, in order to assist in securing watercraft or to protect an area from ice damage.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.59)

N.H. Code Admin. R. Ann. Env-Wt 102.59 Dredge {#sec-env-wt-102.59 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.59}

“Dredge” means to dig, excavate, or otherwise disturb the contour or integrity of the bank or bed of a wetland, surface water, or other jurisdictional area.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.60)

N.H. Code Admin. R. Ann. Env-Wt 102.60 Dredged material {#sec-env-wt-102.60 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.60}

“Dredged material” means any organic or inorganic substance, including decaying vegetation, soils, aquatic weeds, sediment, gravel, and rock, that is removed as the result of dredging.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.61)

N.H. Code Admin. R. Ann. Env-Wt 102.61 Dredging activity {#sec-env-wt-102.61 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.61}

“Dredging activity” means any activity that removes or ruts any organic or inorganic substance from or in any jurisdictional area, regardless of whether the material is of natural or human origins.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.62)

N.H. Code Admin. R. Ann. Env-Wt 102.62 Duly-established 100-foot buffer {#sec-env-wt-102.62 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.62}

“Duly-established 100-foot buffer” means the buffer recognized in RSA 482-A:11, IV for prime wetlands designated on or after September 11, 2009 but before August 17, 2012.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.63)

N.H. Code Admin. R. Ann. Env-Wt 102.63 Ecological integrity {#sec-env-wt-102.63 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.63}

“Ecological integrity” means the health of a wetland or other aquatic resource ecosystem, as determined using a scientifically-recognized method of assessing the condition of the ecosystem, such as “Level 2 Ecological Integrity Assessment Manual for New Hampshire: Wetland Systems”, Nichols and Faber-Langendoen, June 2017, available as noted in Appendix B, or Section 3.B.1. of the “Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire” dated 2013 and revised 2015 and 2016, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.64)

N.H. Code Admin. R. Ann. Env-Wt 102.64 Ephemeral stream {#sec-env-wt-102.64 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.64}

“Ephemeral stream” means a watercourse that is located above the water table year-round and is not fed by groundwater, such that runoff from rainfall and snowmelt is the primary source of stream flow and so the stream has flowing water only during, and for a short duration after, precipitation or spring thaw events, but which has less flow than an intermittent stream and no evidence of riffles, meander bends, point bars, or braiding.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-91; renumbered by #12953, (formerly Env-Wt 102.65)

N.H. Code Admin. R. Ann. Env-Wt 102.65 Erosion control {#sec-env-wt-102.65 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.65}

“Erosion control” means the use of practices such as those specified in Env-Wq 1506 or Env-Wq 1508 to contain soil particles and to prevent them from being displaced or washed down slopes by rainfall or run-off, including construction phasing, surface roughening, soil stockpile practices, temporary and permanent mulching, temporary vegetation, permanent vegetation, temporary erosion control blankets, diversion, and slope drain.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.66)

N.H. Code Admin. R. Ann. Env-Wt 102.66 Erosional features caused by proximate human activity {#sec-env-wt-102.66 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.66}

“Erosional features caused by proximate human activity” as used in RSA 482-A:3, IV(b) means scouring caused by stormwater runoff from areas developed so as to create an unnatural runoff area. The term includes gullies, rills, and other ephemeral features that do not meet the definition of a watercourse and that are characterized by flows that are infrequent and of short duration.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.67)

N.H. Code Admin. R. Ann. Env-Wt 102.67 Excavate {#sec-env-wt-102.67 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.67}

“Excavate” means to dig out and remove material to create or enlarge a cavity in, or to otherwise remove material from, a jurisdictional area.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.68)

N.H. Code Admin. R. Ann. Env-Wt 102.68 Existing legal structure {#sec-env-wt-102.68 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.68}

“Existing legal structure” means a structure that has not been abandoned, as defined in Env-Wt 102, and that:

(a) Is a grandfathered structure; or

(b) Was constructed pursuant to a permit or grant in right issued under RSA 482-A or any predecessor statute and conforms to that permit or grant in right, as applicable.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #12953, (formerly Env-Wt 102.67); ss by #13945, eff 4-24-24 (see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 102.69 Exotic aquatic weeds {#sec-env-wt-102.69 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.69}

“Exotic aquatic weeds” means “exotic aquatic weeds” as defined in RSA 487:16, II, reprinted in Appendix C, and listed in Env-Wq 1300.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #12953, (formerly Env-Wt 102.68); ss by #13945, eff 4-24-24 (see Revision Note at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 102.70 Expedited permit (EXP) {#sec-env-wt-102.70 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 102.70}

“Expedited permit (EXP)” means an authorization to proceed with work in a jurisdictional area that is conferred by the department and that is not a standard permit or a lower scrutiny approval.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945, (formerly Env-Wt 102.71)

Part Env-Wt 103 Definitions: F Through P

N.H. Code Admin. R. Ann. Env-Wt 103.01 Federal classification method {#sec-env-wt-103.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.01}

“Federal classification method” means the method in “Classification of Wetlands and Deepwater Habitats of the United States”, adapted from Cowardin, Carter, Golet and LaRoe (1979), Wetlands Subcommittee, Federal Geographic Data Committee, August 2013, FGDC-STD-004-2013, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.02 Federal delineation method {#sec-env-wt-103.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.02}

“Federal delineation method” means the method in “Wetlands Delineation Manual”, Technical Report Y-87-1, US ACE, January 1987, and the “Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region”, Version 2.0, US ACE, January 2012, both available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.03 Fetch {#sec-env-wt-103.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.03}

“Fetch” means the length of uninterrupted water surface over which the wind blows in a constant direction.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.04 Fill {#sec-env-wt-103.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.04}

“Fill” as a noun means any rock, soil, gravel, sand, or other natural or man-made material that has been deposited or caused to be deposited by human activity.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.05 Fill {#sec-env-wt-103.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.05}

“Fill” as a verb means to place or deposit, or cause or allow to be placed or deposited, materials in or on a wetland, surface water, or bank, or otherwise in or on a jurisdictional area.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.06 Filling activity {#sec-env-wt-103.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.06}

“Filling activity” means any activity that places any fill into any jurisdictional area.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.07 Finger {#sec-env-wt-103.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.07}

“Finger” means a docking structure that is attached to another docking structure rather than directly to the shore.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.08 Flats {#sec-env-wt-103.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.08}

“Flats” means “tidal flats” as defined in Env-Wt 602.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.09 Float {#sec-env-wt-103.09 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.09}

“Float” means a component of a docking structure that is supported by buoyancy devices. The term includes jet-ski floats.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.10 Floodplain wetland {#sec-env-wt-103.10 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.10}

“Floodplain wetland” means a wetland located within a 100-year floodplain.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.11 Forest management activities {#sec-env-wt-103.11 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.11}

“Forest management activities” means activities necessary for forest management as defined in RSA 227-G:2, IX, including but not limited to extracting timber, planting and replanting of various species, and cutting roads and pathways through forests, provided such activities are undertaken in compliance with applicable statutes and rules, including RSA 227-J, and best management practices.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.12 Forester {#sec-env-wt-103.12 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.12}

“Forester” means “forester” as defined in RSA 310-A:99, I-a, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 103.13 Functional and intact {#sec-env-wt-103.13 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.13}

“Functional and intact” means that a structure is in its original shape, is structurally sound, and can be used for its originally intended purpose.

History

#13945, eff 4-24-24 (see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.14 Functional assessment {#sec-env-wt-103.14 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.14}

“Functional assessment” means an evaluation of a wetland or other aquatic resource to determine its functions and values in accordance with RSA 482-A:1, RSA 482-A:2, XI, and best available scientific methods.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.13)

N.H. Code Admin. R. Ann. Env-Wt 103.15 Grandfathered structure {#sec-env-wt-103.15 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.15}

“Grandfathered structure” means a docking structure that:

(a) Was in place before permit jurisdiction, as defined in Env-Wt 103, took effect;

(b) Has either remained unaltered in location, size, and configuration or is a replacement structure as defined in Env-Wt 104;

(d) Is consistent with the public’s right to reasonable use of public waters, as established in New Hampshire case law; and

(e) Is not built on land created by the unauthorized filling of public waters.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.14)

N.H. Code Admin. R. Ann. Env-Wt 103.16 Hardened shoreline {#sec-env-wt-103.16 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.16}

“Hardened shoreline” means a shoreline that is covered with materials such as rocks or walls, so as to deflect rather than absorb wave and current energy.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.15)

N.H. Code Admin. R. Ann. Env-Wt 103.17 Hydric soil {#sec-env-wt-103.17 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.17}

“Hydric soil” means soil that is saturated or flooded during a sufficient portion of the growing season to develop anaerobic conditions in the upper soil layers.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.16)

N.H. Code Admin. R. Ann. Env-Wt 103.18 Hydrologic integrity {#sec-env-wt-103.18 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.18}

“Hydrologic integrity” means groundwater recharge, surface water retention, flood storage, streamflow maintenance, coastal storm surge detention, bank stabilization, and shoreline stabilization, or any combination thereof.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.17)

N.H. Code Admin. R. Ann. Env-Wt 103.19 Ice cluster {#sec-env-wt-103.19 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.19}

“Ice cluster” means 2 or more pilings installed closely together near the lakeward end of a docking structure to protect the structure against damage from ice.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.18)

N.H. Code Admin. R. Ann. Env-Wt 103.20 Impact analysis {#sec-env-wt-103.20 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.20}

“Impact analysis” means an analysis of the likely impacts of a proposed project on the functions and values of each jurisdisdictional area likely to be affected by the proposed project.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.19)

N.H. Code Admin. R. Ann. Env-Wt 103.21 In the dry {#sec-env-wt-103.21 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.21}

“In the dry” means not in standing or flowing water.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.20)

N.H. Code Admin. R. Ann. Env-Wt 103.22 Intermittent stream {#sec-env-wt-103.22 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.22}

“Intermittent stream” means a watercourse that is fed by groundwater but is not in the groundwater table throughout the year, where runoff from rainfall and snowmelt is a supplemental source of water for flow, such that the stream typically does not have flowing water during dry portions of the year.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.21)

N.H. Code Admin. R. Ann. Env-Wt 103.23 Invasive species {#sec-env-wt-103.23 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.23}

“Invasive species” means any species on the New Hampshire prohibited invasive species list in Agr 3800, prepared pursuant to RSA 430:53, III, and any exotic aquatic weeds.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 19; ss by #13945, eff 4-27-24 (see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.24 In writing {#sec-env-wt-103.24 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.24}

“In writing” means in the form of a hardcopy, electronic document, or electronic statement on the department website, including but not limited to hardcopies, letters, pdfs, emails, posting on the department website, and other electronic communications, unless specified otherwise. This term includes the term “written”.

History

#13945, eff 4-27-24(see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.25 Jetty {#sec-env-wt-103.25 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.25}

“Jetty” means a structure extending into a body of water that is designed to prevent shoaling of a channel and to direct and confine the stream or tidal flow. Jetties are generally built at the mouths of rivers or tidal inlets to maintain the depth of and stabilize a channel.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-27-24 (see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.26 Jurisdiction {#sec-env-wt-103.26 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.26}

“Jurisdiction” means the regulatory authority conferred by RSA 482-A.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.24)

N.H. Code Admin. R. Ann. Env-Wt 103.27 Jurisdictional area {#sec-env-wt-103.27 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.27}

“Jurisdictional area” means an area that is subject to regulation under RSA 482-A, including but not limited to surface waters, streams, lakes, rivers, ponds, wetlands, banks, flats, shores, sand dunes, upland tidal buffer zones, and duly-established 100-foot buffers.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.25)

N.H. Code Admin. R. Ann. Env-Wt 103.28 Light detection and ranging (LiDAR) {#sec-env-wt-103.28 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.28}

“Light detection and ranging (LiDAR)” means a remote sensing method that measures distance to a target by illuminating the target with pulsed laser light and measuring the reflected pulses with a sensor.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-27-24(see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.29 LAC jurisdiction {#sec-env-wt-103.29 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.29}

“LAC jurisdiction” means the authority conferred by RSA 483:8-a, III upon a local river management advisory committee relative to activities within a designated river or river corridor, provided that for purpose of routine roadway maintenance activities conducted under an SPN, registration, PBN, or EXP, LAC jurisdiction shall be limited to activities located in or within 250 feet of a designated river where the activity will occur on a Tier 2 or Tier 3 stream that has a direct surface water connection to the designated river.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by 13106, eff 9-25-20; renumbered by #13945 (formerly Env-Wt 103.27)

N.H. Code Admin. R. Ann. Env-Wt 103.30 Local advisory committee (LAC) {#sec-env-wt-103.30 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.30}

“Local advisory committee (LAC)” means a local river management advisory committee established pursuant to RSA 483:8-a.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.28)

N.H. Code Admin. R. Ann. Env-Wt 103.31 Local governing body {#sec-env-wt-103.31 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.31}

“Local governing body” means “local governing body” as defined in RSA 672:6, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.29)

N.H. Code Admin. R. Ann. Env-Wt 103.32 Located adjacent to a structure to which a watercraft may be secured {#sec-env-wt-103.32 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.32}

“Located adjacent to a structure to which a watercraft may be secured” means, for purposes of the definition of boat slip, that 50% or more of the length of the boat slip, as defined in RSA 482-A:2, VIII, is located along the length of a structure to which a watercraft could be secured.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-24-24 (see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.33 Lower scrutiny approval (LSA) {#sec-env-wt-103.33 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.33}

“Lower scrutiny approval (LSA)” means an authorization to proceed with work in a jurisdictional area that is conferred by the department and is not a standard permit or an expedited permit. The term includes permits-by-notification authorized by RSA 482-A:11, VI-a and registrations authorized by RSA 482-A:11, VII.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.31)

N.H. Code Admin. R. Ann. Env-Wt 103.34 Maintenance {#sec-env-wt-103.34 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.34}

“Maintenance” means routine activities undertaken at a sufficient frequency that the structure being maintained remains intact and functional for its intended purpose.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.32)

N.H. Code Admin. R. Ann. Env-Wt 103.35 Major docking system {#sec-env-wt-103.35 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.35}

“Major docking system” means a docking structure that:

(a) Is a commercial docking structure, a public docking structure, or one in which docking structures impact 100 or more linear feet of shoreline;

(b) Provides 5 or more boat slips; or

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13106, eff 9-25-20; renumbered by #13945 (formerly Env-Wt 103.33)

N.H. Code Admin. R. Ann. Env-Wt 103.36 Major project {#sec-env-wt-103.36 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.36}

“Major project” means a project that, by virtue of its size and nature as described in Env-Wt 400 through Env-Wt 600 and Env-Wt 900, as applicable, has the potential to significantly impact jurisdictional areas unless adequate measures are employed to protect the environment. The term includes “major impact project”.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.34)

N.H. Code Admin. R. Ann. Env-Wt 103.37 Man-made drainage ditch {#sec-env-wt-103.37 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.37}

“Man-made drainage ditch” means, for purposes of RSA 482-A:3, IV(b), a narrow channel dug in the ground for drainage, located in uplands above the permanent water table.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.35)

N.H. Code Admin. R. Ann. Env-Wt 103.38 Marina {#sec-env-wt-103.38 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.38}

“Marina” means a waterfront facility whose principal function is to provide watercraft-related services such as the securing, launching, storing, fueling, servicing, or repairing of watercraft, or any combination thereof, whether such services are available to the public or only to members of an organization or association.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.36)

N.H. Code Admin. R. Ann. Env-Wt 103.39 Marsh {#sec-env-wt-103.39 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.39}

“Marsh” means a wetland that is distinguished by soft-stemmed herbaceous plants such as grasses, rushes, and sedges, where the water table is at or above the surface throughout the year but can fluctuate seasonally, as determined using the federal classification method. The term includes freshwater marshes and tidal marshes.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.37)

N.H. Code Admin. R. Ann. Env-Wt 103.40 Minimization {#sec-env-wt-103.40 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.40}

“Minimization” means the reduction of adverse impacts using minimization measures that remain after all practicable measures have been taken to avoid adverse impacts to jurisdictional areas.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.38)

N.H. Code Admin. R. Ann. Env-Wt 103.41 Minimization measures {#sec-env-wt-103.41 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.41}

“Minimization measures” means design techniques, construction techniques, and project timing adjustments, together or in any combination, that relocate or reduce unavoidable adverse impacts, taking into account the purpose of the proposed project, the functions and values of the impacted resources, and practicability.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19, renumbered by #13945 (formerly Env-Wt 103.39)

N.H. Code Admin. R. Ann. Env-Wt 103.42 Minimum impact project {#sec-env-wt-103.42 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.42}

“Minimum impact project” means a project that, by virtue of its size and nature as described in Env-Wt 400 through Env-Wt 600 and Env-Wt 900, as applicable, has the potential to have a negligible impact on jurisdictional areas provided adequate measures are employed to protect the environment. The term includes minimum project.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.40)

N.H. Code Admin. R. Ann. Env-Wt 103.43 Minor project {#sec-env-wt-103.43 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.43}

“Minor project” means a project that, by virtue of its size and nature as described in Env-Wt 400 through Env-Wt 600 and Env-Wt 900, as applicable, has the potential to cause more than a negligible impact on jurisdictional areas unless adequate measures are employed to protect the environment. The term includes minor impact project.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-1; renumbered by #13945 (formerly Env-Wt 103.41)

N.H. Code Admin. R. Ann. Env-Wt 103.44 Mooring {#sec-env-wt-103.44 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.44}

“Mooring” as a noun means “mooring” as defined in RSA 270:59, III, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.42)

N.H. Code Admin. R. Ann. Env-Wt 103.45 Municipality {#sec-env-wt-103.45 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.45}

“Municipality” means “municipality” as defined in RSA 482-A:2, V, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.43)

N.H. Code Admin. R. Ann. Env-Wt 103.46 Natural heritage bureau (NHB) {#sec-env-wt-103.46 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.46}

“Natural heritage bureau (NHB)” means the natural heritage bureau of the department of natural and cultural resources (DNCR).

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.44)

N.H. Code Admin. R. Ann. Env-Wt 103.47 Navigable frontage {#sec-env-wt-103.47 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.47}

“Navigable frontage” means, for non-tidal waters, the frontage that can be accessed by a boat having at least a 6-foot beam and 2-foot draft at normal high water.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.45)

N.H. Code Admin. R. Ann. Env-Wt 103.48 NH Method {#sec-env-wt-103.48 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.48}

“NH Method” means the “Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire” published by the University of New Hamshire Cooperative Extension, available as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-27-24 (see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.49 Non-tidal wetland {#sec-env-wt-103.49 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.49}

“Non-tidal wetland” means a wetland that is not subject to periodic inundation by tidal waters.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.47)

N.H. Code Admin. R. Ann. Env-Wt 103.50 Normal agricultural operations {#sec-env-wt-103.50 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.50}

“Normal agricultural operations” for purposes of subtitle Env-Wt means those activities that are customary to, and necessary to sustain, an agricultural operation as described in RSA 21:34‑a, II.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.48)

N.H. Code Admin. R. Ann. Env-Wt 103.51 Normal high water line {#sec-env-wt-103.51 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.51}

“Normal high water line” for lakes or ponds means the natural mean high water elevation or the full lake operational level for impoundments controlled by dams.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13106, eff 9-25-20; ss by #13945, eff 4-27-24(see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.52 Ordinary high water mark {#sec-env-wt-103.52 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.52}

“Ordinary high water mark” means “ordinary high water mark” as defined in RSA 483-B:4, XI-e, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.50)

N.H. Code Admin. R. Ann. Env-Wt 103.53 Perched beach {#sec-env-wt-103.53 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.53}

“Perched beach” means a man-made beach that is designed to prevent the beach material from reaching the water by means of a physical barrier.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-27-24(see Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 103.54 Person {#sec-env-wt-103.54 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.54}

“Person” means “person” as defined in RSA 482-A:2, VI, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.52)

N.H. Code Admin. R. Ann. Env-Wt 103.55 Perennial stream {#sec-env-wt-103.55 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.55}

“Perennial stream” means a watercourse that is in the groundwater table for most of the year and so has groundwater as its primary source of water for stream flow, with runoff from rainfall and snowmelt as a supplemental source of water, so that it contains flowing water year-round during a typical year.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.53)

N.H. Code Admin. R. Ann. Env-Wt 103.56 Permanent dock {#sec-env-wt-103.56 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.56}

“Permanent dock” means a docking structure in which the docking structure or its supports, or both, are designed to remain in place throughout the year.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.54)

N.H. Code Admin. R. Ann. Env-Wt 103.57 Permanent impacts {#sec-env-wt-103.57 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.57}

“Permanent impacts” means impacts resulting from activities in jurisdictional areas that are intended to remain, or that do remain, after the activities have ceased.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.55)

N.H. Code Admin. R. Ann. Env-Wt 103.58 Permit action {#sec-env-wt-103.58 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.58}

“Permit action” means an action initiated by the department to suspend, revoke, or modify a permit or other approval issued under RSA 482-A.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.56)

N.H. Code Admin. R. Ann. Env-Wt 103.59 Permit-by-notification (PBN) {#sec-env-wt-103.59 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.59}

“Permit-by-notification (PBN)” means a lower scrutiny approval obtained pursuant to Env-Wt 309.05.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.57)

N.H. Code Admin. R. Ann. Env-Wt 103.60 Permit jurisdiction {#sec-env-wt-103.60 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.60}

“Permit jurisdiction” means the regulatory authority conferred on the department or its predecessor agencies under RSA 482-A or any predecessor statutes, as applied to specific activities, as follows:

(a) For projects in or adjacent to tidal wetlands, any project occurring after June 22, 1967;

(b) For projects in or adjacent to non-tidal wetlands, any project occurring after July 2, 1969;

(d) For projects in a duly-established 100-foot buffer, the date of designation of the associated designated prime wetlands.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #12953, eff 12-24-19; renumbered by #13945 (formerly Env-Wt 103.58)

N.H. Code Admin. R. Ann. Env-Wt 103.61 Pier {#sec-env-wt-103.61 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.61}

“Pier” means a docking structure.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 ; ss by #12953, eff 12-24-19; renumbered by #13945 (formerly Env-Wt 103.59)

N.H. Code Admin. R. Ann. Env-Wt 103.62 Pile {#sec-env-wt-103.62 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.62}

“Pile” means a long, heavy column of timber, steel, concrete, stone, or other rigid material driven or jetted into a beach or bank or into the bottom of a surface water to serve as a support or protection.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.60)

N.H. Code Admin. R. Ann. Env-Wt 103.63 Poorly drained soils {#sec-env-wt-103.63 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.63}

“Poorly drained soils” means hydric soils that have aquic conditions in the upper part and one or more characteristics identified in Env-Wq 1014.02.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.61)

N.H. Code Admin. R. Ann. Env-Wt 103.64 Practicable {#sec-env-wt-103.64 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.64}

“Practicable” means “practicable” as defined at 40 CFR 230.3(l), reprinted in Appendix D.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.62)

N.H. Code Admin. R. Ann. Env-Wt 103.65 Preservation {#sec-env-wt-103.65 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.65}

“Preservation” means the permanent protection of wetland and upland areas using legal and physical mechanisms so that the resource remains in a natural or undeveloped condition.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.63)

N.H. Code Admin. R. Ann. Env-Wt 103.66 Primary vernal pool indicators {#sec-env-wt-103.66 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.66}

“Primary vernal pool indicators” means the presence or physical evidence of breeding by marbled salamander, wood frog, spotted salamander, jefferson-blue spotted salamander complex, or fairy shrimp.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.64)

N.H. Code Admin. R. Ann. Env-Wt 103.67 Prime wetlands {#sec-env-wt-103.67 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.67}

“Prime wetlands” means “prime wetlands” as defined in RSA 482-A:15, I-a, reprinted in Appendix C.

History

#12953, eff 12-24-19; renumbered by #13945 (formerly Env-Wt 103.65)

N.H. Code Admin. R. Ann. Env-Wt 103.68 Priority resource area (PRA) {#sec-env-wt-103.68 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.68}

“Priority resource area (PRA)” means a jurisdictional area that:

(a) Has documented occurrences of protected species or habitat;

(b) Is a bog;

(d) Is a designated prime wetlands;

(e) Is a duly-established 100-foot buffer of a designated prime wetlands;

(f) Is a sand dune, tidal wetland, tidal water, or undeveloped tidal buffer zone; or

(g) Is any combination of (a) through (f), above.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #12953, eff 12-24-19 (formerly Env-Wt 103.65); renumbered by #13945 (formerly Env-Wt 103.66)

N.H. Code Admin. R. Ann. Env-Wt 103.69 Private docking structure {#sec-env-wt-103.69 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.69}

“Private docking structure” means a docking structure that is not a commercial docking structure, a public docking structure, or a docking structure at a marina, and is:

(a) Maintained by the owner for the personal use of the owner of the single-family residence to which the docking structure is legally tied and the owner’s invitees; or

(b) Maintained by a homeowners’ or condominium owners’ association for the personal use of the home or condominium owners and the owners’ invitees.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 (formerly Env-Wt 103.66); renumbered by #13945 (formerly Env-Wt 103.67)

N.H. Code Admin. R. Ann. Env-Wt 103.70 Professional engineer {#sec-env-wt-103.70 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.70}

“Professional engineer” means “professional engineer” as defined in RSA 310-A:2, II, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.68)

N.H. Code Admin. R. Ann. Env-Wt 103.71 Protected species or habitat {#sec-env-wt-103.71 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.71}

“Protected species or habitat” means:

(a) Any threatened wildlife species as defined in RSA 212-A:2, V, endangered wildlife species as defined in RSA 212-A:2, IV, the federal endangered species act, eagles protected under RSA 209:9 and the federal Protection of Bald and Golden Eagles Act, 16 U.S.C. Subchapter II, or any habitat of such species that is determined to be critical by the executive director of NHF&G under RSA 212-A:9, III; and

(b) Any federally-designated threatened or endangered plant species, any threatened species of plant as defined in RSA 217-A:3, XX, any endangered species of plant as defined in RSA 217-A:3, IV, or any exemplary natural community as identified by NHB.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.69)

N.H. Code Admin. R. Ann. Env-Wt 103.72 Public docking structure {#sec-env-wt-103.72 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.72}

“Public docking structure” means a docking structure that is owned by a political subdivision or a state or federal agency and is available for use by the general public. The term includes docking structures that are allowed to be used only by residents of the governmental unit that owns the structure as well as docking structures that are allowed to be used by any individual or group, with or without compensation or other consideration to the owner.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.70)

N.H. Code Admin. R. Ann. Env-Wt 103.73 Public hearing {#sec-env-wt-103.73 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.73}

“Public hearing” means a public non-adjudicative proceeding conducted for the purpose of receiving input from the public on a proposed project.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.71)

N.H. Code Admin. R. Ann. Env-Wt 103.74 Public infrastructure {#sec-env-wt-103.74 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.74}

“Public infrastructure” means public roads, facilities, and constructed landscape that is open to and maintained for the use of the general public.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.72)

N.H. Code Admin. R. Ann. Env-Wt 103.75 Public project {#sec-env-wt-103.75 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.75}

“Public project” means a project undertaken by or in partnership with a federal, state, or local authority for the purpose of constructing public infrastructure or a public docking structure.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.73)

N.H. Code Admin. R. Ann. Env-Wt 103.76 Public trust surface waters {#sec-env-wt-103.76 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 103.76}

“Public trust surface waters” means surface waters of the state as defined in RSA 485-A:2, XIV that are held in trust by the state of New Hampshire for the public.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 103.74)

Part Env-Wt 104 Definitions: Q Through Z

N.H. Code Admin. R. Ann. Env-Wt 104.01 Qualifying criteria {#sec-env-wt-104.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.01}

“Qualifying criteria” means the total of all criteria to be met in order for a project to be eligible for a particular type of approval.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.02 Reconfiguration {#sec-env-wt-104.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.02}

“Reconfiguration” means the redesign of an existing legal structure within the same overall outside dimensions and without increasing the square footage of the surface area of the structure, such as moving a finger or “L” from one end of a dock walkway to another.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.03 Reconstruction {#sec-env-wt-104.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.03}

“Reconstruction” when applied to any structure except a stream crossing that is subject to Env-Wt 900 means the replacement of all components of an existing legal docking structure.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.04 Reference line {#sec-env-wt-104.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.04}

“Reference line” means for a surface water that is subject to RSA 483-B, the reference line as established under RSA 483-B:4, XVII.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-27-24 (See Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 104.05 Repair {#sec-env-wt-104.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.05}

“Repair” when applied to any structure except a stream crossing that is subject to Env-Wt 900 means to fix or replace only those components of an existing legal structure that are worn, broken, or unsound so as to restore the structure to its original purpose.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.06 Replacement structure {#sec-env-wt-104.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.06}

“Replacement structure” when applied to any structure except a stream crossing that is subject to Env-Wt 900 means a new structure that takes the place of an existing legal structure, that is the same kind of structure in the same location, having the same or smaller surface area and, if a docking structure, the same number or fewer boatslips, such that in all material aspects, the new structure is no more impacting to the environment or abutting properties than the original structure. For the replacement of poles or piles, the new pole or pile may be placed immediately adjacent to the pole or pile being replaced.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-27-24 (See Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 104.07 Retaining wall {#sec-env-wt-104.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.07}

“Retaining wall” means a structure constructed to support a bank, contain fill, or prevent erosion.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.08 Revetment {#sec-env-wt-104.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.08}

“Revetment” means a sloped facing of hard material, such as layered stone or concrete, that is constructed to protect a bank or embankments by dissipating wave energy.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.09 Rip-rap {#sec-env-wt-104.09 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.09}

“Rip-rap” means a layer of angular stones placed on a slope to prevent erosion, scour, or sloughing of the slope.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.10 Roadway {#sec-env-wt-104.10 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.10}

“Roadway” means a legally existing structure that is designed, constructed, or improved to provide and support safe passage for public or private vehicular traffic.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.11 Rocker box {#sec-env-wt-104.11 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.11}

“Rocker box” means a mechanical device used to separate gold and other minerals from lighter sediments.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.12 Routine roadway maintenance activities {#sec-env-wt-104.12 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.12}

“Routine roadway maintenance activities” means activities that are designed and intended to maintain existing roadways and are included in the Routine Roadway BMPs.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.13 Scrub-shrub wetland {#sec-env-wt-104.13 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.13}

“Scrub-shrub wetland” means a wetland dominated by woody vegetation less than 20 feet tall, such as true shrubs, young trees, and trees or shrubs that are small or stunted because of environmental conditions, as determined using the federal classification method.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.14 Seasonal dock {#sec-env-wt-104.14 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.14}

“Seasonal dock” means a docking structure that is designed and constructed such that the structure and all associated supports can be completely removed from the surface water and its bed during the non-boating season. The term includes but is not limited to pipe docks and floating docks.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.15 Secondary vernal pool indicators {#sec-env-wt-104.15 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.15}

“Secondary vernal pool indicators” means physical evidence used by wildlife biologists or certified wetland scientists who are familiar with vernal pool habitats as evidence of the presence of a vernal pool, if primary vernal pool indicators are absent and other vernal pool characteristics suggest vernal pool habitat. Secondary vernal pool indicators include but are not limited to caddisfly larvae and cases (Limnephilidae, Phryganeidae, or Polycentropodidae), clam shrimp and their shells (Laevicaudata, Spinicaudata), fingernail clams and their shells (Sphaeriidae), aquatic beetle larvae (Dytiscidae, Gyrinidae, Haliplidae, and Hydrophilidae), dragonfly larvae and exuviae (Aeshnidae, Libellulidae), spire-shaped snails and their shells (Physidae, Lymnaeidae), flat spire snails and their shells (Planorbidae), damselfly larvae and exuviae (Coenagrionidae, Lestidae), and truefly larvae and pupae (Culicidae, Chaoboridae, and Chironomidae), and those identified in the third edition of “Identifying and Documenting Vernal Pools in New Hampshire” published by NHF&G, available at https://wildlife.state.nh.us/nongame/documents/vernal-pool-manual.pdf and as noted in Appendix B.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.16 Sedimentation {#sec-env-wt-104.16 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.16}

“Sedimentation” means the creation of water-borne particles that settle on the bottom of a surface water as sediment.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.17 Shoal {#sec-env-wt-104.17 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.17}

“Shoal” means a portion of a water body where the bottom is usually submerged but has insufficient depth to allow for safe navigation for some percentage of watercraft that could reasonably be expected to use the water body.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 104.18 Shoreline frontage {#sec-env-wt-104.18 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.18}

“Shoreline frontage” means the average of actual natural navigable shoreline frontage and a straight line drawn between property lines, both of which are measured at the normal high water line along lakes and ponds or the ordinary high water mark along rivers.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-24-24 (see Revision Note #5, at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 104.19 Signature {#sec-env-wt-104.19 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.19}

“Signature” means a wet signature, a copy of a wet signature, and an electronic signature, as defined in RSA 294-E:2, VIII. This term also includes the term “signed”.

History

#13945, eff 4-27-24 (see Revision Note #5 at Chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 104.20 Signed statement {#sec-env-wt-104.20 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.20}

“Signed statement” means a statement signed on a hardcopy or with an electronic signature, as defined in RSA 294-E:2, VIII. This term also includes the term “statement signed by”.

History

#13945, eff 4-27-24 (see Revision Note #5 at Chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 104.21 Significant environmental impact {#sec-env-wt-104.21 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.21}

“Significant environmental impact” means, for the purpose of a public hearing required pursuant to RSA 482-A:8, that a proposed project will:

(a) Dredge or fill:

(1) More than one acre of non-tidal wetlands, excluding the following projects if the applicant proposes impacts to less than 3 acres of wetlands:

a. The widening of transportation infrastructure and expansions of existing transportation infrastructure; or

b. Temporary fill for construction access;

(2) More than one-half mile of a watercourse; or

(3) One-half acre or more of tidal wetlands; or

(b) Drain a public drinking water supply.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #12953, eff 12-24-19; ss by #13945, eff 4-27-24 (formerly Env-Wt 104.19) (See Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 104.22 Significant function wetland {#sec-env-wt-104.22 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.22}

“Significant function wetland” means a wetland:

(a) Having moderate to high characteristics as determined using a recognized and scientifically-defensible functional wetland assessment method or best available science; or

(b) Providing significant public benefit due to hydrologic integrity, water quality, or habitat functions, or any combination thereof.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.20)

N.H. Code Admin. R. Ann. Env-Wt 104.23 Silt fence {#sec-env-wt-104.23 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.23}

“Silt fence” means a sediment barrier consisting of filter fabric attached to supporting posts entrenched into the soil and installed across or at the toe of a slope to intercept and retain small amounts of sediment from disturbed or unprotected areas and functions primarily to slow and pond the water to allow soil particles to settle.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13945, eff 4-27-24 (formerly Env-Wt 104.21) (See Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 104.24 Sluice {#sec-env-wt-104.24 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.24}

“Sluice” means an inclined trough that conveys water and sediments to a rocker box for separating gold and other minerals from lighter sediments.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.22)

N.H. Code Admin. R. Ann. Env-Wt 104.25 Soft bank stabilization components {#sec-env-wt-104.25 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.25}

“Soft bank stabilization components” means deformable materials used in soft vegetative or bioengineered bank stabilization. The term includes but is not limited to coconut fiber rolls, jute mats, live plantings, and logs.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.23)

N.H. Code Admin. R. Ann. Env-Wt 104.26 Standard permit {#sec-env-wt-104.26 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.26}

“Standard permit” means a permit issued under RSA 482-A based on an application filed pursuant to Env-Wt 311 or equivalent predecessor rules.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.24)

N.H. Code Admin. R. Ann. Env-Wt 104.27 State general permits (SGPs) {#sec-env-wt-104.27 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.27}

“State general permits (SGPs)” means the general permits issued by the U.S. Army Corps of Engineers (US ACE) to authorize projects in New Hampshire that:

(a) Meet the conditions stated therein; and

(b) Do not meet the US ACE’s critieria for individual permitting.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.25)

N.H. Code Admin. R. Ann. Env-Wt 104.28 Statutory permit-by-notification (SPN) {#sec-env-wt-104.28 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.28}

“Statutory permit-by-notification (SPN)” means a permit obtained by complying with the statutory requirements specified in RSA 482-A:3, IV-a, V, XII, XV, or XVI, as applicable, as clarified in Env-Wt 308 and relevant portions of Env-Wt 500.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.26)

N.H. Code Admin. R. Ann. Env-Wt 104.29 Stream channel {#sec-env-wt-104.29 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.29}

“Stream channel” means a channel that carries the bankfull flow of a watercourse.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.27)

N.H. Code Admin. R. Ann. Env-Wt 104.30 Stream crossing {#sec-env-wt-104.30 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.30}

“Stream crossing” means a structure placed within a watercourse or on its associated upland or wetland approaches, or both, that is intended to provide human, animal, or vehicular passage over the watercourse.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.28)

N.H. Code Admin. R. Ann. Env-Wt 104.31 Stream restoration {#sec-env-wt-104.31 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.31}

“Stream restoration” means the process of converting an unstable, altered, or degraded watercourse, including adjacent riparian zone and flood-prone areas, to a natural condition as previously found at the site or as found in reaches of the watercourse that have not been altered by human disturbances.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.29)

N.H. Code Admin. R. Ann. Env-Wt 104.32 Structure {#sec-env-wt-104.32 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.32}

“Structure” means “structure” as defined in RSA 482-A:2, IX, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.30)

N.H. Code Admin. R. Ann. Env-Wt 104.33 Subject property {#sec-env-wt-104.33 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.33}

“Subject property” means:

(a) For projects in surface water for which any kind of permit is required, the parcel(s) of land adjacent to and associated with the area in which the project will occur or has occurred; or

(b) For all other projects for which any kind of permit is required, the parcel(s) of land on which the project will occur or has occurred.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.31)

N.H. Code Admin. R. Ann. Env-Wt 104.34 Substantial public interest {#sec-env-wt-104.34 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.34}

“Substantial public interest” means the department has been contacted by individuals and town or county official(s) in the municipality, government instrumentality, or region where a project is proposed, who have voiced concerns that the project would impact jurisdictional areas having documented flood storage, hydrologic integrity, or habitat from a local, regional, or state perspective and raising issues such as those identified as adverse consequences in RSA 482-A:1.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.32)

N.H. Code Admin. R. Ann. Env-Wt 104.35 Surface water {#sec-env-wt-104.35 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.35}

“Surface water” means those portions of waters of the state that have standing or flowing water at or on the surface of the ground. The term includes but is not limited to watercourses, lakes, ponds, marshes, and tidal waters.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #12953, eff 12-24-19; renumbered by #13945 (formerly Env-Wt 104.33)

N.H. Code Admin. R. Ann. Env-Wt 104.36 Surface waters of the state {#sec-env-wt-104.36 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.36}

“Surface waters of the state” means “surface waters of the state” as defined in RSA 485-A:2, XIV, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.34)

N.H. Code Admin. R. Ann. Env-Wt 104.37 Swamp {#sec-env-wt-104.37 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.37}

“Swamp” means a forested wetland that is dominated by trees, as determined using the federal classification method.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.35)

N.H. Code Admin. R. Ann. Env-Wt 104.38 Temporary impacts {#sec-env-wt-104.38 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.38}

“Temporary impacts” means adverse conditions or effects that will be reversed when the authorized work has been completed and pre-construction conditions have been re-established. The term includes but is not limited to ruts caused by heavy machinery that are smoothed when the work is completed and the installation and subsequent removal of swamp mats, construction mats, geotextile fabric, or other erosion or sediment control practices.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.36)

N.H. Code Admin. R. Ann. Env-Wt 104.39 Trail activities {#sec-env-wt-104.39 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.39}

“Trail activities” means activities necessary for trail construction and management, as described in Env-Wt 517, including but not limited to cutting roads and pathways through forests.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.37)

N.H. Code Admin. R. Ann. Env-Wt 104.40 Turbidity barrier {#sec-env-wt-104.40 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.40}

“Turbidity barrier” means a temporary in-water barrier consisting of a continuous impermeable curtain suspended from a flotation device on the water surface and held in a vertical position by ballast weight at the bottom, designed to be used to surround a project being undertaken in a surface water in order to prevent sediment from the project from entering the surface water that is outside the enclosure.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 ; ss by #13945, eff 4-27-24 (formerly Env-Wt 104.38) (See Revision Note #5 at chapter heading for Env-Wt 100)

N.H. Code Admin. R. Ann. Env-Wt 104.41 Turbidity control {#sec-env-wt-104.41 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.41}

“Turbidity control” means a water quality control measure, such as a coffer dam or turbidity curtain, used in water to contain silt and sediment suspended in the water column so as to prevent water cloudiness outside of the contained area.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; ss by #13106, eff 9-25-20; renumbered by #13945 (formerly Env-Wt 104.39)

N.H. Code Admin. R. Ann. Env-Wt 104.42 USGS map {#sec-env-wt-104.42 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.42}

“USGS map” means a map published by the United States Geological Survey at a scale of 1:24,000 or a scale that provides greater detail.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.41)

N.H. Code Admin. R. Ann. Env-Wt 104.43 Upland {#sec-env-wt-104.43 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.43}

“Upland” means an area of land that is not a wetland.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.42)

N.H. Code Admin. R. Ann. Env-Wt 104.44 Upland buffer {#sec-env-wt-104.44 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.44}

“Upland buffer” means an area of upland that is contiguous to a jurisdictional area and that contributes to the effectiveness of the functions and values of the jurisdictional area in that location.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.43)

N.H. Code Admin. R. Ann. Env-Wt 104.45 Vernal pool {#sec-env-wt-104.45 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.45}

“Vernal pool” means a surface water or wetland, including an area intentionally created for purposes of compensatory mitigation, that provides breeding habitat for amphibians and invertebrates that have adapted to the unique environments provided by such pools and that:

(a) Is not the result of on-going anthropogenic activities that are not intended to provide compensatory mitigation, including but not limited to:

(1) Gravel pit operations in a pit that has been mined at least every other year; and

(2) Logging and agricultural operations conducted in accordance with all applicable New Hampshire statutes and rules; and

(b) Typically has the following characteristics:

(1) Cycles annually from flooded to dry conditions, although the hydroperiod, size, and shape of the pool might vary from year to year;

(2) Forms in a shallow depression or basin;

(3) Has no permanently flowing outlet;

(4) Holds water for at least 2 continuous months following spring ice-out;

(5) Lacks a viable fish population; and

(6) Supports one or more primary vernal pool indicators, or 3 or more secondary vernal pool indicators.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.44)

N.H. Code Admin. R. Ann. Env-Wt 104.46 Very poorly drained soils {#sec-env-wt-104.46 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.46}

“Very poorly drained soils” means hydric soils that are flooded daily by tides or soils that have aquic conditions in the upper part and have one or more of the characteristics identified in Env-Wq 1014.03.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.45)

N.H. Code Admin. R. Ann. Env-Wt 104.47 Water access structure {#sec-env-wt-104.47 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.47}

“Water access structure” means a structure without a roof or cover that typically would be an accessory structure under RSA 483-B and that, as a matter of operational necessity, is located adjacent to the shoreline because its purpose is to provide a means of entry to a surface water for swimming and similar water-related recreational activities other than boating or a location for the direct observation of swimmers or other individuals engaged in water-related recreational activities. The term includes beaches, decks and patios, but does not include docking structures.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19 ; ss by #12953, eff 12-24-19; ss by #13106, eff 9-25-20; renumbered by #13945 (formerly Env-Wt 104.46)

N.H. Code Admin. R. Ann. Env-Wt 104.48 Water quality control measures {#sec-env-wt-104.48 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.48}

“Water quality control measures” means methods, practices, and devices that are designed and implemented to prevent or minimize erosion, siltation, or turbidity, or any combination thereof. The term includes but is not limited to phased construction, vegetated filter strips, geotextile silt fences, stormwater detention and infiltration systems, sediment detention basins, and any other method, practice, or device identified in Env-Wq 1506 through Env-Wq 1508.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.47)

N.H. Code Admin. R. Ann. Env-Wt 104.49 Watercourse {#sec-env-wt-104.49 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.49}

“Watercourse” means any surface water that develops and maintains a defined scoured channel, with evidence of sediment transport, or that is a continuous channel that flows to or from a wetland or other surface water. The term includes rivers and streams.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.48)

N.H. Code Admin. R. Ann. Env-Wt 104.50 Watercraft {#sec-env-wt-104.50 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.50}

“Watercraft” means any type or size of vessel or craft that is moved by any means, including but not limited to wind, motors, oars, or paddles, that is intended to be used or that is actually used to carry one or more individuals or cargo, or a combination thereof, across water, whether such individuals or cargo are atop, on, or in the vessel or craft.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.49)

N.H. Code Admin. R. Ann. Env-Wt 104.51 Watershed {#sec-env-wt-104.51 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.51}

“Watershed” means a geographical area in which all water drains to a given stream, river, lake, wetland, pond, estuary, or ocean.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.50)

N.H. Code Admin. R. Ann. Env-Wt 104.52 Wave attenuator {#sec-env-wt-104.52 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.52}

“Wave attenuator” means a structure floating near or suspended under a permanent docking structure, such that no component of the structure impacts the bed of the surface water, installed for the purpose of dampening wave action.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.51)

N.H. Code Admin. R. Ann. Env-Wt 104.53 Weep hole {#sec-env-wt-104.53 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.53}

“Weep hole” means a small opening that allows drainage from or through a retaining structure so as to prevent frost or ice damage to the structure.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.52)

N.H. Code Admin. R. Ann. Env-Wt 104.54 Wet meadow {#sec-env-wt-104.54 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.54}

“Wet meadow” means an herb-dominated jurisdictional area typically with non-woody vegetation less than 3 feet in height, saturated for long periods during the growing season, but seldom flooded, as determined using the federal classification method. Wet meadows develop on predominantly drier, poorly drained soils.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.53)

N.H. Code Admin. R. Ann. Env-Wt 104.55 Wetland {#sec-env-wt-104.55 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.55}

“Wetland” means “wetlands” as defined in RSA 482-A:2, X, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.54)

N.H. Code Admin. R. Ann. Env-Wt 104.56 Wetland creation {#sec-env-wt-104.56 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.56}

“Wetland creation” means the transformation of upland to wetlands at a site where the upland was not created by human activity such as by filling or water diversion.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.55)

N.H. Code Admin. R. Ann. Env-Wt 104.57 Wetland enhancement {#sec-env-wt-104.57 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.57}

“Wetland enhancement” means the manipulation of the physical, chemical, or biological characteristics, or any combination thereof, of an aquatic resource to heighten, intensify, or improve one or more specific aquatic resource functions. Wetlands enhancement results in the gain of selected aquatic resource functions, but does not necessarily result in a gain in aquatic resource area.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.56)

N.H. Code Admin. R. Ann. Env-Wt 104.58 Wetland functions {#sec-env-wt-104.58 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.58}

“Wetland functions” means “wetland functions” as defined in RSA 482-A:2, XI, reprinted in Appendix C.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.57)

N.H. Code Admin. R. Ann. Env-Wt 104.59 Wetland permit planning tool (WPPT) {#sec-env-wt-104.59 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.59}

“Wetland permit planning tool (WPPT)” means a geographic information systems tool that provides access to data for planning projects near or in jurisdictional areas, available at https://nhdeswppt.unh.edu.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.58)

N.H. Code Admin. R. Ann. Env-Wt 104.60 Wetland restoration {#sec-env-wt-104.60 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.60}

“Wetland restoration” means the re-establishment of a filled, dredged, drained, or otherwise disturbed or disrupted wetlands to its historic condition, so as to restore lost functions to the greatest extent practicable, by removing fill, restoring hydrology, re-establishing native wetlands vegetation, or such other means as are necessary.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.59)

N.H. Code Admin. R. Ann. Env-Wt 104.61 Wetlands council {#sec-env-wt-104.61 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.61}

“Wetlands council” means the New Hampshire wetlands council established by RSA 21-O:5-a.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.60)

N.H. Code Admin. R. Ann. Env-Wt 104.62 Wetlands rules {#sec-env-wt-104.62 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.62}

“Wetlands rules” means all rules in subtitle Env-Wt.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.61)

N.H. Code Admin. R. Ann. Env-Wt 104.63 Wharf {#sec-env-wt-104.63 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.63}

“Wharf” means a docking structure.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.62)

N.H. Code Admin. R. Ann. Env-Wt 104.64 Wildlife action plan (WAP) {#sec-env-wt-104.64 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.64}

“Wildlife action plan (WAP)” means the wildlife action plan prepared and published by NHF&G, available at https://www.wildlife.state.nh.us/wildlife/wap.html.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.63)

N.H. Code Admin. R. Ann. Env-Wt 104.65 Wildlife-friendly erosion control materials {#sec-env-wt-104.65 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.65}

“Wildlife-friendly erosion control materials” means materials used in erosion control practices that do not include any components, such as welded plastic or “biodegradable plastic” netting or thread, that have been documented to entangle and kill snakes, birds, and other wildlife. The term includes mesh made from woven organic material such as coco or jute, such as North American Green BioNet® or similar products.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.64)

N.H. Code Admin. R. Ann. Env-Wt 104.66 Working day {#sec-env-wt-104.66 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.66}

“Working day” means a calendar day that is not a Saturday, Sunday, or state holiday.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19; renumbered by #13945 (formerly Env-Wt 104.65)

N.H. Code Admin. R. Ann. Env-Wt 104.67 Written notice {#sec-env-wt-104.67 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 104.67}

“Written notice” means a hardcopy or electronic copy of a notice, which may also include information submitted on an electronic form. This term also includes the terms “notification” and “notice”.

History

#13945, eff 4-27-24 (See Revision Note #5 at chapter heading for Env-Wt 100)

Part Env-Wt 105 Maintenance of and Access to Files

N.H. Code Admin. R. Ann. Env-Wt 105.01 Retention of Files {#sec-env-wt-105.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 105.01}

(a) The department shall retain files of applications for standard permits under Env-Wt 311 for:

(1) Not less than 4 years from the date of the final decision on the application if the application is denied, provided that if the denial is appealed, the file shall be maintained for at least 4 years from the final decision on appeal; and

(2) Not less than 10 years from the date of the final decision on the application if a permit is issued, provided that if the permit is appealed, the file shall be maintained for at least 10 years from the final decision on appeal.

(b) The department shall retain notices filed under Env-Wt 308.05 to activate a statutory permit-by-notification (SPN) for at least 4 years from the date of the SPN.

(c) The department shall retain registrations and notices filed under Env-Wt 309 for LSAs and applications filed under Env-Wt 310 for EXPs for at least 4 years from the date of the registration, notice, or decision on the application, as applicable.

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 105.02 Access to Files {#sec-env-wt-105.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 105.02}

(a) Any person may request to review one or more files of the department pertaining to the department’s activities under RSA 482-A during normal working hours.

(b) Upon receipt of a request to review a file pursuant to (a), above, the department shall proceed in accordance with RSA 91-A:4.

Appendix A: Statutes Implemented

Rule Section(s)

State Statute(S) Implemented

Federal Statutes. Regulations Implemented

Env-Wt 101

RSA 482-A:1 and 4

Env-Wt 102

RSA 482-A:1 - 4, 6, 8-34

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 102.32

RSA 482-A:1 - 4, 6, 8 – 27

Env-Wt 102.47

RSA 482-A:1 - 4, 6, 8 – 27; RSA 217-A:7

Env-Wt 103

RSA 482-A:1 - 4, 6, 8-34

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 103.27

RSA 482-A:1 - 4, 6, 8 - 34; RSA 483:8-a, III

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 104

RSA 482-A:1 - 4, 6, 8-34

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 104.04

RSA 482-A:1 - 4, 6, 8 - 34; RSA 483-B

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 105

RSA 91-A; RSA 541-A:16, I(b)

Appendix B: Incorporated References

Rule

Title, Date

Obtain From:

Env-Wt 102.17

Best Management Wetlands Practices for Agriculture, 2019

NH Dept. of Agriculture, Markets & Food

PO Box 2042 - 25 Capitol Street

Concord, NH 03302-2042

Phone: (603) 271-3551

Fax: (603) 271-1109

available at https://www.dot.nh.gov/document/best-management-practices-routine-roadway-maintenance-activities-new-hampshire-2019

Env-Wt 102.18

Wetlands Best Management Practice Techniques For Avoidance and Minimization, 2019

New England Interstate Water Pollution Control Commission (NEWIPCC)

Wannalancit Mills

650 Suffolk Street, Suite 410

Lowell, MA 01854

Phone: (978) 323-7929

Fax (978) 323-7919

Email: mail@neiwpcc.org

available at http://neiwpcc.org/wp-content/uploads/2019/03/Wetlands-BMP-Manual-2019.pdf

UNH Cooperative Extension

Taylor Hall, 59 College Road

Durham, NH 03824

Phone: (603)862-1520

Env-Wt 102.19

New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations, 2016

available at https://extension.unh.edu/resources/files/Resource000247_Rep266.pdf

NH Department of Transportation

PO Box 483 | 7 Hazen Drive

Concord, New Hampshire 03302-0483

Phone: (603) 271-3734

Fax: (603) 271-3914

Email: info@dot.nh.gov

Env-Wt 102.20

Best Management Practices for Control of Invasive and Noxious Plant Species, 2018

available at

https://www.dot.nh.gov/sites/g/files/ehbemt811/files/inline-documents/final-env-1-manual-1-invasive-species_0.pdf

Env-Wt 102.21

Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire (2019)

available at

https://www.dot.nh.gov/sites/g/files/ehbemt811/files/inline-documents/routineroadway_v.9_final_3-14-19_0.pdf

NH Dept. of Natural & Cultural Resources

172 Pembroke Road

Concord, NH 03301

Phone: (603) 271-3254

Fax: (603) 271-3553

Email: nhtrails@dncr.nh.gov

Env-Wt 102.22

Best Management Practices for Erosion Control During NH Trail Maintenance and Construction (2017)

available at

https://www.nhstateparks.org/getmedia/3c45de00-e174-4df0-b678-4670b254290d/Best-Management-Practices-For-Erosion-Control-During-Trail-Maintenance-and-Construction.pdf

Env-Wt 102.23

Best Management Practices Manual Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire, 2019

available at https://www.nhdfl.dncr.nh.gov/sites/g/files/ehbemt866/files/inline-documents/dncr-utility-bmps-2019.pdf

Env-Wt 102.29

Natural Communities of New Hampshire, 2nd Edition (2011)

UNH Cooperative Extension

Taylor Hall

59 College Road

Phone: (603) 862-1520

Download at no charge from:

https://www.nhdfl.dncr.nh.gov/sites/g/files/ehbemt866/files/inline-documents/natural-communities-technical-manual.pdf

Env-Wt 102.63

Level 2 Ecological Integrity Assessment Manual for New Hampshire: Wetland Systems”, Nichols and Faber-Langendoen, 2017

available at

https://www.nhdfl.dncr.nh.gov/sites/g/files/ehbemt866/files/inline-documents/level-2-ecological-integrity-assessment-manual.pdf

Env-Wt 102.63

Env-Wt 103.48

Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire, (revised 2023)

UNH Cooperative Extension

Taylor Hall, 59 College Road

Durham, NH 03824

Phone: (603)862-1520

available at

https://extension.unh.edu/nh-method

Env-Wt 103.01

Classification of Wetlands and Deepwater Habitats of the United States, adapted from Cowardin, Carter, Golet and LaRoe (1979), Wetlands Subcommittee, Federal Geographic Data Committee, August 2013, FGDC-STD-004-2013

Federal Geographic Data Committee, Wetlands Subcommittee

12201 Sunrise Valley Drive

MS 590

Reston, VA 20192

Email: fgdc@fgdc.gov

available at https://www.fgdc.gov/standards/projects/wetlands/nwcs-2013

U.S. Army Corps of Engineers

New England District

696 Virginia Road

Concord, MA 01742-2751

(978)318-8338

available at

https://www.mvp.usace.army.mil/Portals/57/docs/regulatory/Website%20Organization/Corps%20of%20Engineers%20Wetlands%20Delineation%20Manual%20(1987).pdf

Env-Wt 103.02

Wetlands Delineation Manual, Technical Report Y-87-1, Corps of Engineers, January 1987

Env-Wt 103.02

Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region, Version 2.0, U.S. Army Corps of Engineers, January 2012

https://usace.contentdm.oclc.org/utils/getfile/collection/p266001coll1/id/7640

Env-Wt 104.15

Identifying and Documenting Vernal Pools in New Hampshire, 3rd Edition, 2016

NH Fish & Game Department

11 Hazen Drive

Concord, NH 03301

Phone: (603) 271-3421

available at

https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/inline-documents/sonh/vernal-pool-manual.pdf

Appendix C: Statutory Definitions

482-A:2

VIII. “Boat slip” means:

(a) On water bodies over 10,000 acres, means a volume of water 25 feet long, 8 feet wide, and 3 feet deep as measured at normal high water and located adjacent to a structure to which a watercraft may be secured.

(b) On water bodies of 10,000 acres or less, a volume of water 20 feet long, 6 feet wide, and 3 feet deep as measured at normal high water mark and located adjacent to a structure to which a watercraft may be secured.

I. “Commissioner” means the commissioner of environmental services.

I-b. “Department” means the department of environmental services.

IV. “Mean high tide” shall be determined according to the published tables and standards of the United States Coast and Geodetic Survey, adjusted to the locality from such tables.

V. “Municipality” shall include cities, towns, and village districts.

VI. “Person” shall mean any natural person, firm, partnership, association, corporation, company, organization or legal entity of any kind including municipal corporations, governmental departments and agencies, or their subdivisions.

VII. “Sand dune” shall mean a hill or ridge of sand pile up by the wind and commonly found on the seacoast.

IX. “Structure” means, notwithstanding any other provision of law, something installed, erected, or constructed, but shall not include a bench, landing with dimensions no larger than 10 feet wide by 10 feet long, or stairs with a width not exceeding 6 feet, provided that such benches, landings, or stairs are installed, erected, or constructed without regrading or recontouring of the shoreline and are not over water. Structures include, but are not limited to, the following: fence, dock, breakwater, post, pile, building, bridge, culvert, and wall.

X. “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

XI. “Wetland functions” means the practical measurable values of wetlands. The 12 primary wetland functions are ecological integrity, wetland-dependent wildlife habitat, fish and aquatic life habitat, scenic quality, educational potential, wetland-based recreation, flood storage, groundwater recharge, sediment trapping, nutrient trapping/retention/transformation, shoreline anchoring, and noteworthiness.

483:4

VIII. “Designated river” means that portion of a perennial river which has been specifically designated by the general court pursuant to RSA 483:15.

XVIII. “River corridor” means the river and the land area located within a distance of 1,320 feet of the normal high water mark or to the landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency, whichever distance is larger.

483-B:4

XI-e. “Ordinary high water mark” means the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high water mark is not easily discernable, the ordinary high water mark may be determined by the department of environmental services.

485-A:2

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

487:16

II. The term “exotic aquatic weeds” includes only those species of vascular aquatic plants which were not part of New Hampshire’s native aquatic flora before 1950. Cabomba caroliniana and Myriophyllum heterophyllum are examples of exotic aquatic weeds.

270:59

III. “Mooring” when used as a noun, means a mooring anchor, or other fixed object or stationary point, with or without a mooring buoy together with attached chains, cables, ropes, and pennants and related equipment used for the purpose of securing watercraft.

310-A:2

II. “Professional engineer” means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering.

310-A:76

II-a. “Certified wetland scientist” means a person who, by reason of his or her special knowledge of hydric soils, hydrophytic vegetation, and wetland hydrology acquired by course work and experience, as specified by RSA 310-A:84, II-a and II-b, is qualified to delineate wetland boundaries and to prepare wetland maps; to classify wetlands; to prepare wetland function and value assessments; to design wetland mitigation; to implement wetland mitigation; to monitor wetlands functions and values; and to prepare associated reports, all in accordance with standards for identification of wetlands adopted by the New Hampshire department of environmental services or the United States Army Corps of Engineers or their successors, and who has been duly certified by the board.

310-A:99

I-a. “Forester” means a person who practices forestry and is licensed under this subdivision, or a person specifically exempted from licensure under RSA 310-A:98, II.

672:6 Local Governing Body.

“Local governing body” means, in addition to any other appropriate title:

I. Board of selectmen in a town;

II. City council or board of aldermen in a city;

III. Village district commissioners in a village district; or

IV. County commissioners in a county in which there are located unincorporated towns or unorganized places.

Appendix D: Federal Definitions

40 CFR §230.3 Definitions.

(l) The term practicable means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

Appendix E: Summary of Abbreviations and Acronyms

Term

Meaning

Agriculture BMWPs

“Best Management Wetlands Practices for Agriculture” dated 2019, published by the NH Department of Agriculture, Markets, and Food

A/M BMPs

“Wetlands Best Management Practice Techniques For Avoidance and Minimization” dated 2019, published by the New England Interstate Water Pollution Control Commission

CPESC specialist

Certified Professional Erosion and Sediment Control specialist - an individual certified by EnviroCert International, Inc.® as competent to develop and implement erosion and sediment control practices

Cubic Yard

Federal classification method

Method established in “Classification of Wetlands and Deepwater Habitats of the United States”, adapted from Cowardin, Carter, Golet and LaRoe (1979), August 2013, FGDC- STD-004-2013

Federal delineation method

Method established in “Wetlands Delineation Manual”, Technical Report Y-87-1, Corps of Engineers, January 1987, and “Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region”, Version 2.0, U.S. Army Corps of Engineers, January 2012

Forestry BMPs

“New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations” dated 2016, published by the University of New Hampshire Cooperative Extension

HOTL

Highest Observable Tide Line

Invasive Plant BMPs

“Best Management Practices For the Control of Invasive and Noxious Plant Species” dated 2018, published by the NHDOT

Marina BMPs

“Best Management Practices For New Hampshire Marinas” dated 2001, published by the NHDES Pollution Prevention Program

LAC

Local [River] Advisory Committee

LiDAR

Light Detection and Ranging - A surveying method that measures distance to a target by illuminating the target with pulsed laser light and measuring the reflected pulses with a sensor, with the differences in laser return times and wavelengths then being used to make digital 3-D representations of the target.

Linear Foot

NH Method

“Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire” dated 2013 and revised 2015 and 2016, available at https://nhmethod.org/

NHB

Natural Heritage Bureau of the NH DNCR

NH DNCR

NH Department of Natural and Cultural Resources

NHF&G

NH Fish and Game Department

NHDOT

NH Department of Transportation

NRCS

Natural Resources Conservation Service of the U.S. Department of Agriculture

PBN

Permit-by-Notification (created in the rules)

PRA

Priority Resource Area - a jurisdictional area that:

(a) Has documented occurrences of protected species or habitat;

(b) Is a bog;

(d) Is a designated prime wetland or a duly-established 100-foot buffer;

(e) Is a sand dune, tidal wetland, tidal water, or undeveloped tidal buffer zone; or

(f) Is any combination of (a) through (e), above.

Professional engineer

RSA 310-A:2, II. “Professional engineer” means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering .

Routine Roadway BMPs

“Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire” dated 2019, published by the NHDOT

Square Foot

SPN

Statutory Permit-by-Notification (established in RSA 482-A)

Subject property

(a) For projects in surface water for which any kind of permit is required, the parcel(s) of land adjacent to and associated with the area in which the project will occur or has occurred; or

(b) For all other projects for which any kind of permit is required, the parcel(s) of land on which the project will occur or has occurred.

Trail BMPs

“New Hampshire Best Management Practices for Erosion Control During Trail Maintenance and Construction” dated 2017, published by the NH DNCR

US ACE

U.S. Army Corps of Engineers

USGS

United States Geological Survey

Utility BMPs

“Best Management Practices Manual, Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire” dated 2019, published by the NH DNCR

WAP

Wildlife Action Plan prepared and published by NHF&G

Water Quality BMPs

Recommended practices for minimizing or preventing the direct or indirect discharge of sediment or other pollutants into surface waters and wetlands, including those listed in Env-Wt 307 and the Agriculture BMPs, Forestry BMPs, Marina BMPs, Invasive Plant BMPs, Roadway Maintenance BMPs, Trail BMPs, and Utility BMPs, as applicable

WPPT

Wetlands Permit Planning Tool - a GIS tool that provides access to data for planning projects near or in jurisdictional areas, available at https://nhdeswppt.unh.edu

History

(See Revision Notes #1, #2, #3, and #4 at Chapter heading for Env-Wt 100) #12801, eff 12-15-19

Chapter Env-Wt 200 Hearings, Appeals, and Waiver Requests

Part Env-Wt 201 Purpose; Applicability

N.H. Code Admin. R. Ann. Env-Wt 201.01 Purpose {#sec-env-wt-201.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 201.01}

The purpose of this chapter is to establish procedures for actions arising under RSA 482-A relative to:

(a) Non-adjudicative hearings;

(b) Appeals of permitting and enforcement decisions;

(d) Requests for waivers under RSA 482-A:26, III(b).

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84, EXPIRED: 12-11-90
#5028, eff 12-20-90; ss by #6404, INTERIM, eff 12-21-96, EXPIRED: 4-20-97
#6498-B, eff 4-23-97, EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13; ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); ss by #13948, eff 4-30-24

N.H. Code Admin. R. Ann. Env-Wt 201.02 Applicability {#sec-env-wt-201.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 201.02}

This chapter shall apply to actions arising under RSA 482-A.

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84, EXPIRED: 12-11-90
#5028, eff 12-20-90; ss by #6404, INTERIM, eff 12-21-96, EXPIRED: 4-20-97
#6498-B, eff 4-23-97, EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13; ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200)

Part Env-Wt 202 Non-Adjudicative Hearings

N.H. Code Admin. R. Ann. Env-Wt 202.01 Hearings: When Held {#sec-env-wt-202.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 202.01}

The department shall conduct a hearing:

(a) As required by RSA 482-A:8, for any project that:

(1) Would have a significant environmental impact, as defined in Env-Wt 104, on the resources protected by RSA 482-A; or

(2) Is of substantial public interest, as defined in Env-Wt 104.

(b) As required by RSA 482-A:17, RSA 482-A:22, and RSA 482-A:22-a.

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84; ss by #4585, eff 3-8-89; ss by #5028, eff 12-20-90; ss by #6404, INTERIM, eff 12-21-96, EXPIRED: 4-20-97
#6498-B, eff 4-23-97, EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13; ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); ss by #13948, eff 4-30-24

N.H. Code Admin. R. Ann. Env-Wt 202.02 Hearings: Timing {#sec-env-wt-202.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 202.02}

(a) The department shall issue a hearing notice and hold a public hearing under Env-Wt 202.01(a) within the time established in RSA 482‑A:3, XIV(a)(3)(C) or RSA 482-A:3, XIV(a)(4)(C), as applicable.

(b) The department shall issue a hearing notice and hold a public hearing under Env-Wt 202.01(b) in accordance with RSA 482-A:17, RSA 482-A:22, and RSA 482-A:22-a, as applicable.

History

#12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); ss by #13948, eff 4-30-24

N.H. Code Admin. R. Ann. Env-Wt 202.03 Hearings: Procedures {#sec-env-wt-202.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 202.03}

The department shall conduct any hearing held pursuant to Env-Wt 202.01 in accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings.

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84, EXPIRED: 12-11-90
#5028, eff 12-20-90; rpld by #6404, eff 12-21-96, EXPIRED: 4-20-97
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13; ss by #12802, eff 12-15-19 (formerly Env-Wt 202.02) (See Revision Note #2 at chapter heading for Env-Wt 200); ss by#13948, eff 4-30-24

Part Env-Wt 203 Appeals of Decisions Made Under Rsa 482-a

N.H. Code Admin. R. Ann. Env-Wt 203.01 Appealing an Enforcement Decision {#sec-env-wt-203.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 203.01}

Any person aggrieved by a department enforcement decision, as defined in RSA 21-O:14, I(b), that is issued under authority established in RSA 482‑A who wishes to appeal the decision shall proceed as specified in RSA 482-A:10 and RSA 21-O:14.

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84, EXPIRED: 12-11-90
#5028, eff 12-20-90; ss by #6404, INTERIM, eff 12-21-96, EXPIRED: 4-20-97
#64998-B, eff 4-23-97, EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13; ss by #12802, eff 12-15-19 (formerly Env-Wt 203.01) (See Revision Note #2 at chapter heading for Env-Wt 200); ss by#13948, eff 4-30-24 (formerly Env-Wt 203.02)

N.H. Code Admin. R. Ann. Env-Wt 203.02 Appealing a Permitting Decision {#sec-env-wt-203.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 203.02}

Any person aggrieved by a department permitting decision, as defined in RSA 21-O:14, I(a), that is made under RSA 482-A who wishes to appeal the decision shall proceed as specified in RSA 482-A:10 and RSA 21-O:14.

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84; ss by #4585, eff 3-8-89; ss by #5028, eff 12-20-90; ss by #6404, INTERIM, eff 12-21-96, EXPIRED: 4-20-97
#6498-B, eff 4-23-97, EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13; ss by #12802, eff 12-15-19 (formerly Env-Wt 203.02) (See Revision Note #2 at chapter heading for Env-Wt 200); ss by#13948, eff 4-30-24 (formerly Env-Wt 203.03)

Part Env-Wt 204 Waivers

N.H. Code Admin. R. Ann. Env-Wt 204.01 Purpose {#sec-env-wt-204.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 204.01}

The purpose of these rules is to establish the procedures for requesting and the criteria for granting or denying the following:

(a) Waivers to requirements established in subtitle Env-Wt, to accommodate those situations where strict adherence to the requirements would not be in the best interest of the public or the environment; and

(b) Waivers requested under RSA 482-A:26, III(b).

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84; ss by #4352, eff 1-4-88; ss by #5028, eff 12-20-90; rpld by #6404, INTERIM, eff 12-21-96
#6498-B, eff 4-23-97 (formerly Env-Wt 205.01), EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); amd by #10366-A, eff 6-26-13 (intro., & para (a)); amd by #10366-B, eff 6-26-13 (para. (b)); ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200)

N.H. Code Admin. R. Ann. Env-Wt 204.02 Procedures {#sec-env-wt-204.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 204.02}

(a) A request for a waiver shall be filed in accordance with this part by:

(1) A person who is or would be directly and adversely affected by the strict application of a requirement established in subtitle Env-Wt; or

(2) A person seeking a waiver under RSA 482-A:26, III(b).

(b) Each request for a waiver shall be submitted in writing to the following address:

DES Wetlands Bureau

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

(1) Include the information specified in Env-Wt 204.03; and

(2) Be signed as specified in Env-Wt 204.04.

(d) Any request submitted in conjunction with an application for a permit under RSA 482-A:3 or RSA 483-B:5-b shall be submitted with the permit application or as soon thereafter as the need for the waiver to a requirement established in subtitle Env-Wt is identified by the applicant or the department.

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84; ss by #4352, eff 1-4-88; ss by #5028, eff 12-20-90; rpld by #6404, INTERIM, eff 12-21-96
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); amd by #10366-A, eff 6-26-13 (paras. (a)(1) & (b)-(d)); amd by #10366-B, eff 6-26-13 (para. (a)(2)); ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200)

N.H. Code Admin. R. Ann. Env-Wt 204.03 Content of Waiver Requests {#sec-env-wt-204.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 204.03}

The applicant shall complete and submit to the department the Form NHDES-W-06-083, “Wetlands Rule Waiver or Dwelling Over Water Waiver Request”, as amended April 2024, with the following information:

(a) The name, mailing address, daytime telephone number including area code, and email address of the applicant, and, if no email address is available, the applicant’s fax number;

(b) If the applicant is making the request on behalf of someone else, the name, mailing address, daytime telephone number including area code, and email address of the person the requestor represents, and, if no email address is available, a fax number for that person;

(d) If the request is to waive a requirement established in subtitle Env-Wt, the number of the specific section of each rule for which a waiver is sought;

(e) If the request is for a waiver under RSA 482-A:26, III(b), identification of the specific standard(s) to which a waiver is being requested;

(f) A complete explanation of why a waiver is being requested and how the applicable criteria in Env-Wt 204.05 are met;

(g) If applicable, a complete explanation of the alternative that is proposed to be substituted for the requirement in subtitle Env-Wt, including written documentation or data, or both, to support the alternative; and

(h) Whether the waiver is needed for a limited duration and, if so, an estimate of when the waiver will no longer be needed.

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84; ss by #4352, eff 1-4-88; ss by #5028, eff 12-20-90; rpld by #6404, INTERIM, eff 12-21-96
#6498-B, eff 4-23-97 (formerly Env-Wt 205.03), EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200) amd by #10366-A, eff 6-26-13, (paras. (a)(d) and (f)-(1), & (g)-(i)); amd by #10366-B, eff 6-26-13 (paras. (e), & (f)(2)); ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); amd by #12953, eff 12-24-19; ss by #13948, eff 4-30-24

N.H. Code Admin. R. Ann. Env-Wt 204.04 Signature Required {#sec-env-wt-204.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 204.04}

Whenever this part requires a signature from an applicant making a request:

(a) The applicant shall sign and date the request;

(b) If the applicant is making the request on behalf of someone else, the person represented shall:

(1) Sign and date the request; or

(2) Sign and date a separate authorization for the applicant to act on the person’s behalf in connection with the request; and

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands any waiver granted based on false, incomplete, or misleading information shall be subject to revocation.

History

#2271, eff 1-10-83; ss by #2924, eff 12-11-84; ss by #4352, eff 1-4-88; ss by #5028, eff 12-20-90; rpld by #6404, INTERIM, eff 12-21-96
#6498-B, eff 4-23-97 (formerly Env-Wt 205.04), EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); amd by #10366-A, eff 6-26-13; amd by #10366-B, eff 6-26-13 (paras. (b)&(c)); ss by 12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); ss by #13948, eff 4-30-24

N.H. Code Admin. R. Ann. Env-Wt 204.05 Criteria for Waivers {#sec-env-wt-204.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 204.05}

(a) In addition to the requirements of any other applicable rule or law, the department shall grant a waiver of a rule if it determines that:

(1) Granting the waiver will not result in:

a. An adverse effect on public safety or the environment that is greater than adherence to the applicable rule; and

b. An adverse impact on abutting properties that is more significant than that which would result from complying with the rule;

(2) The purposes and intent of RSA 482-A will be met if the waiver is granted; and

(3) Granting the waiver will not have the effect of waiving or modifying a statutory requirement.

(b) If the department determines that an applicant is unable to meet the standard in (a)(1), the department shall grant a waiver of a rule if it determines that:

(1) Application of the rule to the property will prohibit all reasonable use of the property based on the special and unique conditions of the property that distinguish it from other properties in the area;

(2) Any adverse effect or impact is minimized to the maximum extent practicable; and

(3) The requirements in (a)(2) and (3) are met.

(c) The department shall grant a waiver pursuant to RSA 482-A:26, III(b) only if it determines that the criteria listed in RSA 482-A:26, III(b) are met.

History

#6498-B, eff 4-23-97, EXPIRED: 4-23-05
#8341, eff 4-25-05 (See Revision Note #1 at chapter heading for Env-Wt 200); ss by #10366-A, eff 6-26-13; ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); ss by#13948, eff 4-30-24

N.H. Code Admin. R. Ann. Env-Wt 204.06 Decisions {#sec-env-wt-204.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 204.06}

(a) The department shall notify the requestor of the decision in writing. If the request is denied, the department shall identify the specific reason(s) for the denial.

(b) If a waiver is granted, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the activities conducted pursuant to the waiver will be consistent with the applicable criteria.

History

#10366-A, eff 6-26-13 (from Env-Wt 204.05); ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); renumbered by #13948 (formerly Env-Wt 204.07)

N.H. Code Admin. R. Ann. Env-Wt 204.07 Suspension, Revocation, or Modifications of Waivers {#sec-env-wt-204.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 204.07}

(a) Any waiver to a rule or under RSA 482-A:26, III(b) that is issued by the department shall be issued based on the presumption that the information submitted to obtain the approval is true, complete, and not misleading.

(b) If the department receives credible information, after the time has run for requesting reconsideration, which indicates that the information upon which the waiver was based was false, incomplete, or misleading, the department shall notify the person to whom the waiver was issued of:

(1) The department’s intention to suspend, revoke, or modify the waiver, as applicable;

(2) The basis for the proposed action; and

(3) The date, time, and place of a hearing on the proposed action at which the person to whom the waiver was issued shall be given an opportunity to show cause why the proposed action should not be taken.

(c) The hearing shall be conducted in accordance with RSA 541-A:31 and the provisions of Env-C 200 that apply to adjudicative proceedings.

(d) After the hearing, the department shall revoke the waiver if the department determines that:

(1) The waiver would not have been issued if the information submitted had been true, complete, and not misleading; and

(2) The project or activities to which the waiver relates cannot be conducted lawfully even with the waiver.

(e) After the hearing, the department shall suspend the waiver if the department determines that:

(1) The waiver would have been issued if the information submitted had been true, complete, and not misleading; and

(2) The project or activities to which the waiver relates can be conducted lawfully with the waiver.

(f) If a waiver is suspended pursuant to (e), above, the department shall reinstate the waiver upon receiving proof from the recipient that the project meets applicable requirements for approval.

(g) If as a result of the hearing the department determines that a modification to the waiver is required in order to bring the waiver and the project into compliance with applicable requirements, the department shall issue a modified waiver.

(h) The department shall notify the recipient in writing of its decision. If the decision is to suspend, revoke, or modify the waiver, the department shall specify the reason(s) for the decision.

(i) Any person aggrieved by the decision who wishes to contest the decision shall proceed as specified in Env-Wt 203.03.

Appendix A: State Statutes Implemented

RULE

STATE STATUTE(S) IMPLEMENTED

Env-Wt 200 (see additional statutes for specific part below)

RSA 482-A:1; RSA 482-A:3; RSA 482-A:8;

RSA 482-A:10; RSA 482-A:11

Env-Wt 201.01

RSA 482-A:8; RSA 482-A:10; RSA 482-A:11;

RSA 482-A:26, III(b); RSA 541-A:22, IV

Env-Wt 202.01

Env-Wt 202.02

Env-Wt 202.03

RSA 482-A:8; RSA 482-A:11

Env-Wt 204

RSA 482-A:26, III(b); RSA 541-A:22, IV

Env-Wt 204.03(c)

RSA 482-A:1; RSA 482-A:3; RSA 482-A:8;

RSA 482-A:10; RSA 482-A:11; RSA 482:26, III(b)

Env-Wt 204.03

Env-Wt 204.04

Env-Wt 204.05

RSA 482-A:26, III(b); RSA 541-A:22, IV

History

#10366-A, eff 6-26-13 (from Env-Wt 204.06); ss by #12802, eff 12-15-19 (See Revision Note #2 at chapter heading for Env-Wt 200); renumbered by #13948 (formerly Env-Wt 204.08)

Chapter Env-Wt 300 Permits and Other Authorizations; Conditions Applicable to All Work in Jurisdictional Areas

Part Env-Wt 305 Purpose; Applicability; Abbreviations and Acronyms

N.H. Code Admin. R. Ann. Env-Wt 305.01 Purpose {#sec-env-wt-305.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 305.01}

The purpose of this chapter is to:

(a) Identify dredge, fill, and construction activities that are:

(1) Allowed by RSA 482-A without a permit or notification;

(2) Prohibited or limited by RSA 482-A;

(3) Allowed by RSA 482-A provided the specified conditions are met, including notification for SPNs;

(4) Allowed under a lower scrutiny approval (LSA), which includes registrations and PBNs;

(5) Allowed under an expedited permit (EXP); or

(6) Allowed only if a standard permit is obtained;

(b) Establish conditions applicable to dredge, fill, and construction activities as necessary to ensure that the intent and purpose of RSA 482-A are met;

(d) Establish procedures and criteria for applying for an EXP;

(e) Establish procedures and criteria for filing an application for a standard permit;

(f) Establish procedures and criteria for the department’s review of submissions and decisions;

(g) Establish post-issuance requirements, including but not limited to permit acceptance, recordation, duration, transfer, and procedures and criteria for permit amendments;

(h) Establish procedures for emergency situations; and

(i) Establish the criteria and procedures for suspending, revoking, or modifying an LSA, EXP, or standard permit.

History

#12803, eff 12-15-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 305.02 Applicability {#sec-env-wt-305.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 305.02}

(a) Subject to (b)-(f), below, this chapter shall apply as of December 15, 2019 to any person who undertakes or proposes to undertake any dredge, fill, or construction activities, or any combination thereof, in a jurisdictional area.

(b) The approval criteria in this chapter shall apply to:

(1) Any application filed on or after December 15, 2019; and

(2) Any application filed prior to December 15, 2019 that is not administratively complete, as determined under Env-Wt 310.02 or Env-Wt 312.02, as applicable, as of December 15, 2019, regardless of when the completeness determination is made.

(c) NH DOT projects that qualify for a statutory permit by notification (SPN) or the registration process established in Env-Wt 309.03 through Env-Wt 309.05 but have not been initiated prior to December 15, 2019 shall be undertaken pursuant to the requirements of this chapter.

(d) NH DOT projects for which an application has been filed prior to December 15, 2019 shall be subject to the design, approval, and construction criteria in effect on the date of filing, provided the application is complete within 6 months of December 15, 2019, regardless of when the completeness determination is made.

(e) If NH DOT believes that one or more projects in the planning stages for which an application has not been filed as of December 15, 2019 should be subject to the design, approval, and construction criteria in effect prior to December 15, 2019, NH DOT shall submit a list in writing to the department of all such projects, that includes for each project:

(1) The location of the proposed project;

(2) A brief description of the project and the purpose of the project, outlining the anticipated scope of work to be performed and whether impacts are expected to be temporary or permanent;

(3) The anticipated dates on which:

a. An application for the project will be filed; and

b. The project will be advertised to bid; and

(4) The specific requirements in the 2019 rules that are not practicable to comply with and for each, the reason(s) why compliance is not practicable.

(f) If NH DOT submits a list pursuant to (e), above, the department shall consult with NH DOT to reach a mutual agreement regarding the design features or other aspects of each project that are not practicable to redesign or otherwise change to meet the requirements of the 2019 rules and so will be subject to the rules in effect prior to December 15, 2019.

(g) For each project submitted by NH DOT, the agreement reached pursuant to (f), above, shall be memorialized in writing signed by authorized officials of the department and NH DOT.

(h) NH DOT shall submit a copy of the signed agreement required by (g), above, with the relevant application so that the agreement becomes part of the public file.

History

#12803, eff 12-15-19; ss by #12954, eff 12-24-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 305.03 Abbreviations and Acronyms {#sec-env-wt-305.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 305.03}

Abbreviations and acronyms used throughout this chapter shall have the meaning assigned in Env-Wt 100, as summarized in Appendix E.

History

#12803, eff 12-15-19

Part Env-Wt 306 Activities Requiring a Permit or Other Authorization; Required Planning for All Projects; When Abutter Notification Required

N.H. Code Admin. R. Ann. Env-Wt 306.01 Activities Eligible for a Statutory Permit by Notification (SPN) {#sec-env-wt-306.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 306.01}

A project shall be eligible to submit a notification for a statutory permit-by-notification (SPN) if:

(a) The project qualifies under Env-Wt 308.04; and

(b) All applicable requirements and conditions are met.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 306.02 Activities Eligible For a {#sec-env-wt-306.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 306.02}

Lower Scrutiny Approval (LSA). Any project classified as minimum impact and listed in Env-Wt 309.06(a) shall be eligible to apply for a lower scrutiny approval (LSA) as authorized by RSA 482-A:11, VI-a or VII and as described in Env-Wt 309 unless:

(a) The project includes activities that:

(1) Do not comply with all applicable conditions for the project as specified in Env-Wt 307; or

(2) Do not follow applicable best management practices;

(b) Any work in any jurisdictional area was commenced prior to obtaining the applicable approval;

(1) The conservation commission; or

(2) If the town in which the project is proposed does not have a conservation commission, the local governing body; or

(d) If a PBN is sought for a routine roadway maintenance activity that is within LAC jurisdiction, the application has not been signed to indicate the right to intervene has been waived by the applicable LAC.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 306.03 Activities Eligible for an Expedited Permit (EXP) {#sec-env-wt-306.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 306.03}

Any project classified as minimum impact shall be eligible to apply for an expedited permit (EXP) as authorized by RSA 482-A:11, VI and as described in Env-Wt 310 unless:

(a) The project includes activities that are prohibited under RSA 482-A;

(b) Any work in any jurisdictional area was commenced prior to obtaining the applicable approval;

(1) The conservation commission; or

(2) If the town in which the project is proposed does not have a conservation commission, the local governing body; or

(d) If an EXP is sought for a project that is within LAC jurisdiction, the application has not been signed to indicate the right to intervene has been waived by the applicable LAC.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 306.04 Activities Requiring a Standard Permit; When Standard Permits Are An Option {#sec-env-wt-306.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 306.04}

(a) A standard permit as authorized by RSA 482-A:3, I, shall be obtained from the department prior to undertaking any dredging, filling, or construction activity in any jurisdictional area that:

(1) Is not prohibited or exempted by RSA 482-A;

(2) Does not qualify for a statutory permit-by-notification (SPN); and

(3) Is not eligible for an LSA under Env-Wt 306.02 or an EXP under Env-Wt 306.03.

(b) An applicant may choose to apply for a standard permit for any project.

History

#12803, eff 12-15-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 306.05 Required Planning For All Projects {#sec-env-wt-306.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 306.05}

(a) In order to determine the appropriate impact classification of a project and the type of approval required, if any, the person responsible for a proposed project shall:

(1) Have all wetlands delineated and classified by a certified wetland scientist unless:

a. The project is conditionally exempt under Env-Wt 309.02; or

b. The project is exempt from delineation requirements under Env-Wt 406.03;

(2) Determine whether the subject property is or contains a priority resource area, by determining whether the subject property:

a. Contains any documented occurrences of protected species or habitat for such species, using the DataCheck tool at https://www4.des.state.nh.us/NHB-DataCheck/;

b. Is a bog;

c. Is a floodplain wetland contiguous to a tier 3 or higher watercourse;

d. Is a designated prime wetlands or a duly-established 100-foot buffer; or

e. Is a sand dune, tidal wetland, tidal water, or undeveloped tidal buffer zone;

(3) For projects that are subject to Env-Wt 600, conduct the data screening required by Env-Wt 603.03;

(4) Also determine whether the subject property:

a. Is within LAC jurisdiction, unless the project will be conducted pursuant to a notification for minimum impact activities under RSA 482-A:3, V, RSA 482-A:3, XII, or RSA 482-A:3, XVI on land used for agricultural purposes as provided in RSA 483:12-a; or

b. Is within or contains any areas that are subject to time of year restrictions under Env-Wt 307;

(5) For stream crossing projects, also determine the size of the watershed;

(6) For dredge projects, also determine whether the subject property is contaminated; and

(7) For projects for which a standard permit will be sought, also determine whether the project has potential to impact impaired waters, class A waters, or outstanding resource waters.

(b) Unless otherwise specified, the determinations required by (a), above, may be made using:

(1) The wetlands permit planning tool, available at https://nhdeswppt.unh.edu/; or

(2) Any other database or source that provides the requisite information.

History

#12803, eff 12-15-19; amd by #12956, EMERGENCY RULE, eff 12-23-19; amd by #13046, eff 6-2-20; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 306.06 Abutter Notification {#sec-env-wt-306.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 306.06}

(a) Unless exempted pursuant to (c), below, the applicant shall notify abutters prior to filing an application.

(b) As required by RSA 482-A:3, I(e)(1), notice shall be provided in writing by certified mail or other delivery method that provides proof of receipt.

(1) Any project conducted under an SPN;

(2) Any project conducted under a PBN or registration, unless specifically required;

(3) Public highway construction, maintenance, or repair projects located within a public right of way; or

(4) Utility projects located completely within a utility right-of-way.

History

#12803, eff 12-15-19; ss by #13777, eff 10-13-23

Part Env-Wt 307 Conditions Applicable to All Activities in Jurisdictional Areas

N.H. Code Admin. R. Ann. Env-Wt 307.01 Purpose and Applicability {#sec-env-wt-307.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.01}

(a) The purpose of this part is to establish conditions to be applied as necessary to dredging, filling, and construction activities in jurisdictional areas, regardless of the primary purpose of such activities, to ensure that the public purposes of RSA 482-A:1 are met.

(b) This part shall apply to any activity being conducted in any jurisdictional area, whether or not a standard permit, EXP, PBN, SPN, registration, or waiver is required or has been obtained for the activity.

History

#12803, eff 12-15-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 307.02 Requirements for Coverage Under State General Permits {#sec-env-wt-307.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.02}

In order to be in compliance with federal requirements, all work in areas under the jurisdiction of the U.S. Army Corps of Engineers (US ACE) shall comply with all conditions of the applicable state general permit, available at http://www.nae.usace.army.mil/portals/74/docs/regulatory/StateGeneralPermits/NH/NH%20General%20Permit%2018August2017.pdf.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.03 Protection of Water Quality Required {#sec-env-wt-307.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.03}

(a) No activity shall be conducted in such a way as to cause or contribute to any violation of:

(1) The surface water quality standards specified in RSA 485-A:8 or Env-Wq 1700;

(2) The ambient groundwater quality standards established under RSA 485-C;

(3) The limitations on activities in a sanitary protective area established under Env-Dw 302.10 or Env-Dw 305.10; or

(4) Any provision of RSA 485-A, Env-Wq 1000, RSA 483-B, or Env-Wq 1400 that protects water quality.

(b) All work, including management of soil stockpiles, shall be conducted so as to minimize erosion, minimize sediment transfer to surface waters or wetlands, and minimize turbidity in surface waters and wetlands using the techniques described in:

(1) Env-Wq 1505.02, Env-Wq 1505.04, Env-Wq 1506, and Env-Wq 1508;

(2) The applicable BMP manual, available as noted in Appendix B:

a. For forestry projects, the Forestry BMPs;

b. For SPN utility projects, the Utility BMPs;

c. For trail projects, whether under an SPN or other approval, the Trail BMPs; or

d. For roadway maintenance projects, whether under an SPN, registration, or other approval, the Routine Roadway BMPs; or

(3) The applicable BMP manual supplemented by the portions of Env-Wq 1500 listed in (1), above, if the applicable BMP manual provides less protection to jurisdictional areas than the provisions of Env-Wq 1500 listed in (1), above.

(1) Be selected and implemented based on the size and nature of the project and the physical characteristics of the site, including slope, soil type, vegetative cover, and proximity to jurisdictional areas;

(2) Be comprised of wildlife-friendly erosion control materials when:

a. Erosion control blankets are used;

b. A protected species or habitat is documented;

c. The proposed work is in or adjacent to a PRA;

d. Specifically requested by the ecological review section of the department; or

e. Any combination of a. through d., above, applies;

(3) Be installed prior to start of work and in accordance with the manufacturer’s recommended specifications or, if none, the applicable requirements of Env-Wq 1506 or Env-Wq 1508;

(4) Be capable of:

a. Minimizing erosion;

b. Collecting sediment and suspended and floating materials; and

c. Filtering fine sediment;

(5) Be maintained so as to ensure continued effectiveness in minimizing erosion and retaining sediment on-site during and after construction;

(6) Remain in place until all disturbed surfaces are stabilized to a condition in which soils on the site will not experience accelerated or unnatural erosion, using techniques such as:

a. Achieving and maintaining a minimum of 85% vegetative cover using an erosion control seed mix, whether applied in a blanket or otherwise, that is certified by its manufacturer as not containing any invasive species; or

b. Placing and maintaining a minimum of 3 inches of non-erosive material such as stone; and

(7) If designed and installed as temporary methods, be removed upon completion of work when compliance with (6), above, is achieved.

(d) Any sediment collected by water quality control measures shall be:

(1) Removed with sufficient frequency to prevent the discharge of sediment; and

(2) Placed in an upland location in a manner that prevents its erosion into a surface water or wetland.

(e) All exposed soils and other fills shall be permanently stabilized within 3 days following final grading.

(f) A coffer dam or other turbidity control shall be:

(1) Used to enclose a dredging project conducted in or along the shoreline of a bog, marsh, lake, pond, stream, river, creek, or any other surface water, provided that a coffer dam shall not be installed during periods of high flow; and

(2) Removed after work within the coffer dam or other turbidity control is completed, the contained water has returned to background clarity, and removing the structure will not cause or contribute to a violation of (c)(6), above.

(g) The person in charge of construction equipment shall:

(1) Inspect such equipment for leaking fuel, oil, and hydraulic fluid each day prior to entering surface waters or wetlands or operating in an area where such fluids could reach groundwater, surface waters, or wetlands;

(2) Repair any leaks prior to using the equipment in an area where such fluids could reach groundwater, surface waters, or wetlands;

(3) Maintain oil spill kits and diesel fuel spill kits, as applicable to the type(s) and amount(s) of oil and diesel fuel used, on site so as to be readily accessible at all times during construction; and

(4) Train each equipment operator in the use of the spill kits.

(h) Equipment shall be staged and refueled in accordance with Env-Wt 307.15.

History

#12803, eff 12-15-19; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 307.04 Protection of Fisheries and Breeding Areas Required {#sec-env-wt-307.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.04}

Work such as excavations, deposition of dredged or fill material, or other activities that produce suspended sediment in jurisdictional areas that provide value as bird migratory areas or fish and shellfish spawning or nursery areas, shall be done so as to:

(a) Avoid and minimize discharges of dredged material or placement of fill material during spawning or breeding seasons by using water quality protection techniques as specified in Env-Wt 307 and timing of project as specified in Env-Wt 307.10(g) or (h), as applicable;

(b) Not discharge sediment to spawning or nursery areas or to amphibian and migratory bird breeding areas during spawning or breeding seasons, as applicable, which could necessitate suspending the activities; and

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.05 Protection Against Invasive Species Required {#sec-env-wt-307.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.05}

(a) Prior to the installation of swamp mats, the mats and any heavy machinery used to install them shall be inspected for and cleaned of all vegetative matter by a method and in a location that prevents the spread of the vegetative matter to jurisdictional areas.

(b) Equipment to be used in surface waters shall be completely free of all aquatic and terrestrial invasive plants, seeds, and other propagules, and all exotic aquatic species of wildlife as defined in RSA 487:16, I-a.

(d) No boat washing or rinsing shall occur in jurisdictional areas or in a location where run-off is likely to flow to any jurisdictional area.

(e) To prevent the use of soil or seed stock containing nuisance or invasive species, the contractor responsible for work shall follow the Invasive Plant BMPs, available as noted in Appendix B.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 307.06 Protection of Rare, Threatened or Endangered Species and Critical Habitat {#sec-env-wt-307.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.06}

No activity shall jeopardize the continued existence of a threatened or endangered species, a species proposed for listing as threatened or endangered, or designated or proposed critical habitat under the:

(a) Federal Endangered Species Act, 16 U.S.C. §1531 et seq.;

(b) State Endangered Species Conservation Act, RSA 212-A; or

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.07 Consistency Required with Shoreland Water Quality Protection Act. {#sec-env-wt-307.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.07}

All development activities associated with any project shall be conducted in compliance with applicable requirements of RSA 483-B and Env-Wq 1400 during and after construction.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.08 Protection of Designated Prime {#sec-env-wt-307.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.08}

Wetlands and Duly-Established 100-Foot Buffers.

(a) Water quality and environmental minimization measures shall be in place to ensure that functions and values of prime wetlands and duly-established 100-foot buffers are protected.

(b) Duly-established 100-foot buffers shall not be disturbed unless specifically authorized under RSA 482-A.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 307.09 Shoreline Structures {#sec-env-wt-307.09 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.09}

No structure shall be built over public trust surface waters, except:

(a) To provide docking for watercraft in accordance with Env-Wt 500;

(b) To construct or replace a bridge for public travel; or

(1) Areas exempted from RSA 483-B pursuant to RSA 483-B:12; and

(2) Historic commercial tidal areas as allowed under Env-Wt 600.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.10 Dredging Activity Conditions {#sec-env-wt-307.10 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.10}

In addition to all other applicable conditions in this part, the following conditions shall apply to all dredging activities:

(a) No dredging shall occur that would create violations of any set-backs specified in:

(1) RSA 485-A or RSA 483-B relative to protecting water quality; or

(2) Env-Wq 1000 relative to septic systems;

(b) Work shall be done during low flow or in the dry unless:

(1) A dredge dewatering, diversion, or cofferdam plan has been approved as part of the project;

(2) The project has specific approval based on water depth to operate from a barge; or

(3) The work will be conducted in a lake or pond and turbidity containment can be achieved using turbidity controls;

(1) Be installed prior to construction and maintained during construction such that no turbidity escapes the immediate dredge area; and

(2) Remain in place until suspended particles have settled and water at the work site has returned to normal clarity;

(d) Dredged materials shall be disposed of out of jurisdictional areas, unless other disposition is specifically permitted pursuant to (e), below;

(e) If an applicant wishes to use dredged materials as part of the proposed project or dispose of dredged materials in a jurisdictional area, the applicant shall specifically request authorization to do so as part of the application filed pursuant to Env-Wt 311;

(f) Dredged materials to be stockpiled in uplands shall be dewatered in sedimentation basins that are:

(1) Contained within turbidity controls that prevent turbid water from leaving the basins; and

(2) Located outside of any jurisdictional area;

(g) Subject to (h), below, in non-tidal waters, no dredging shall occur:

(1) Between October 1 and March 31 for any documented occurrence of a cold water fishery or threatened or endangered fishery; or

(2) In March or April for any area that is habitat for rainbow smelt;

(h) For logging projects, work shall be done to protect water quality in accordance with the Forestry BMPs, available as noted in Appendix B;

(i) In addition to the limitations on tidal dredging in Env-Wt 600, no dredging shall occur in tidal waters during a fish migration or larval setting stage of fish and shellfish, which is between March 15 and November 15;

(j) In addition to the limitations on tidal dredging in Env-Wt 600, dredging projects in tidal waters shall be designed and implemented to ensure that there is no disruption of tidal flushing. Tidal flushing means the influx or outflow of water that is associated with the normal ebb and flow of the tide;

(k) Dredging shall not impede fish migrations or interfere with spawning areas for fish;

(l) Dredging shall not disturb contaminated sediment unless dredging of such sediment is specifically identified in the application, authorized in the issued permit, and implemented with such protective conditions as are necessary to ensure that the contaminated sediment is properly managed;

(m) Dredging operations that are not related to the operation of a public water supply (PWS) shall be no closer than 250 feet from an active intake for the PWS; and

(n) The permittee shall send prior notification of dredging activities to the PWS owner/operator by registered mail at least 30 days prior to dredging when done in a waterbody or other jurisdictional area within 500 feet of a public water supply intake.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 307.11 Filling Activity Conditions {#sec-env-wt-307.11 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.11}

In addition to all other applicable conditions in this part, the following conditions shall apply to all temporary and permanent filling activities:

(a) Fill shall be clean sand, gravel, rock, or other material that:

(1) Meets the project’s specifications for its use; and

(2) Does not contain any material that could contaminate surface or groundwater or otherwise adversely affect the ecosystem in which it is used;

(b) Limits of fill shall be clearly identified prior to commencement of work and controlled in accordance with Env-Wt 307.03 to ensure that fill does not spill over or erode into any area where filling is not authorized;

(c) Slopes shall be immediately stabilized by a method specified in Env-Wq 1506 or Env-Wq 1508, as applicable, to prevent erosion into adjacent wetlands or surface waters;

(d) No fill shall be allowed to achieve setbacks to septic systems specified in Env-Wq 1000;

(e) Fill shall be not placed so as to direct flows onto adjacent or down-current property;

(f) Swamp mats and construction mats shall be deemed temporary fill for new authorizations only if they meet the requirements of (h)(1) and (h)(2), below;

(g) Authorized temporary fill other than swamp mats, construction mats, and corduroy shall be placed on geotextile fabric laid on preconstruction wetland grade;

(h) Subject to (i), below, temporary fill shall be:

(1) In place no longer than one growing season;

(2) Removed immediately upon work completion; and

(3) Disposed of at an upland location in a manner that prevents its erosion into a surface water or wetland;

(i) Corduroy shall be deemed temporary fill that may be left in place if it:

(1) Is installed as part of a skid trail in accordance with the Forestry BMPs;

(2) Does not exceed 1,000 LF and 20,000 SF per crossing; and

(3) Does not cross or have permanent impacts to a perennial stream, marsh, PRA, or vernal pool;

(j) Wetlands and surface waters shall be restored to pre-impact conditions and elevation as specified in Env-Wt 307.12(i), below, unless otherwise authorized in an issued permit;

(k) Swamp mats shall be:

(1) Properly installed, not dragged into position; and

(2) Removed immediately upon the completion of work; and

(l) No fill shall take place in a PRA unless:

(1) Specifically authorized by the department in an issued permit; or

(2) Authorized under applicable project-specific provisions.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 307.12 Restoring Temporary Impacts; Site Stabilization {#sec-env-wt-307.12 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.12}

In addition to all other applicable conditions in this part, the following conditions shall apply to restoring all temporary impacts:

(a) Within 3 days of final grading or temporary suspension of work in an area that is in or adjacent to surface waters, all exposed soil areas shall be stabilized by:

(1) Seeding and mulching, if during the growing season; or

(2) Mulching with tackifiers on slopes less than 3:1 or netting and pinning on slopes steeper than 3:1 if not within the growing season;

(b) Upon completion of construction, all disturbed wetland areas shall be stabilized with wetland seed mix containing non-invasive plant species only;

(d) Mulch used within an area being restored shall be natural straw or equivalent non-toxic, non-seed-bearing organic material;

(e) Wetland soils from areas vegetated with invasive species shall not be used in the area being restored;

(f) If any temporary impact area that is stabilized with seeding or plantings does not have at least 75% successful establishment of wetlands vegetation after 2 growing seasons, the area shall be replanted or reseeded, as applicable;

(g) If a temporary impact area is restored by seeding or plantings, then:

(1) The work shall not be deemed successful if the area is invaded by invasive species during the first full growing season following the completion of construction; and

(2) The person responsible for the work shall submit a remediation plan to the department that proposes measures to be taken to eradicate invasive species during this same period;

(h) Unless otherwise authorized, any trees cut in an area of authorized temporary impacts shall be cut at ground level with the shrub and tree roots left intact, to prevent disruption to the wetland soil structure and to allow stump sprouts to revegetate the work area; and

(i) Unless otherwise authorized, wetland areas where permanent impacts are not authorized shall be restored to their pre-impact conditions and elevation by replacing the removed soil and vegetation in their pre-construction location and elevation such that post-construction soil layering and vegetation schemes are as close as practicable to pre-construction conditions.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13777, ef 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 307.13 Property Line Setbacks {#sec-env-wt-307.13 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.13}

(a) As required by RSA 482-A:3, XIII(a), all boat docking facilities shall be at least 20 feet from the abutting property line, whether in tidal or in non-tidal waters.

(b) Subject to (c) and (d), below, dredging, filling, or construction activity within a jurisdictional area that is not covered by (a), above, that is covered by an LSA or for which an EXP or standard permit is required shall occur at least 10 feet from an abutting property line.

(c) The set-back established in (b), above, shall not apply to utility projects in a utility right-of-way if a boundary survey has been or will be completed prior to initiation of work.

(d) Subject to (e), below, if an applicant wishes to extend an activity that is covered by (b), above, closer than 10 feet to an abutting property line, the applicant shall obtain written consent from the affected abutter.

(e) An applicant shall not be required to obtain consent from the affected abutter to extend work closer than 10 feet to the property line for:

(1) A bank stabilization project; or

(2) Stream crossing projects undertaken by a public agency in conformance with the Routine Roadway BMPs, available as noted in Appendix B.

(f) The department shall inform the applicant that an increase to the setback to property lines is required if the department determines during the review process that the location proposed for an activity:

(1) Represents a danger to other waterfront activities due to its size or character, or both, being inconsistent with the size and character of the surrounding area;

(2) Is likely to create a navigation hazard due to its size or proximity to other existing legal structures; or

(3) Is likely to interfere with an abutter’s access to or use of the abutter’s property.

(g) If the department determines pursuant to (f), above, that a larger set-back is required, the department shall increase the set-back only the distance required to abate the danger, hazard, or interference, as applicable.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.14 Rock Removal {#sec-env-wt-307.14 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.14}

In addition to all other applicable conditions in this part or in Env-Wt 500, the following conditions shall apply to removal of rocks from surface waters:

(a) No rocks shall be blasted or otherwise removed unless doing so is necessary to provide public access or to abate an immediate navigational hazard;

(b) No rocks shall be removed during fish spawning;

(c) Subject to (e), below, rocks removed from the bed of a surface water shall be relocated within 10 feet to 20 feet of their current location and at a similar depth unless otherwise specifically allowed pursuant to (d), below;

(d) If an applicant cannot relocate rocks that need to be removed as required by (c), above, the applicant shall specifically request authorization to remove the rocks to another location as part of the application filed pursuant to Env-Wt 311; and

(e) Rocks that are necessary to protect fish spawning areas or critical wildlife habitat in shallow streams or lakes shall not be relocated.

History

#12803, eff 12-15-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 307.15 Use of Heavy Equipment in Wetlands {#sec-env-wt-307.15 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.15}

In addition to all other applicable conditions in this part or in Env-Wt 500 or Env-Wt 600, the following conditions shall apply to the use of heavy equipment in wetlands:

(a) Heavy equipment shall not be operated in any jurisdictional area unless specifically authorized in the permit for the project;

(b) Mobile heavy equipment working in wetlands shall not be stored, maintained, or repaired in wetlands, except that repairing or refueling in a wetland is allowed if equipment cannot practicably be removed and secondary containment is provided;

(1) Either have low ground pressure, namely less than 4 psi, or not be located directly on wetland soils and vegetation; or

(2) Be placed on timber or swamp mats that are adequate to support the equipment in such a way as to minimize disturbance of wetland soil and vegetation;

(d) Timber and swamp mats shall be:

(1) In good condition to ensure proper installation, use, and removal; and

(2) Thoroughly cleaned before re-use; and

(e) Swamp mats shall:

(1) Be placed in the wetland from the upland or from equipment positioned on swamp mats if working within a wetland;

(2) Be installed, used, and removed so as to minimize impacts to wetland areas; and

(3) Be installed with adequate erosion and sediment controls at approaches to the mats to promote a smooth transition to, and minimize sediment tracking onto, the mats.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.16 Adherence to Approved Plans Required {#sec-env-wt-307.16 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.16}

For any project for which plans were submitted and an SPN, PBN, LSA, EXP, or standard permit was issued, all work on the project shall be done in accordance with the approved plans.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.17 Unpermitted Activities {#sec-env-wt-307.17 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.17}

The following activities shall be deemed to be work done without a permit in violation of RSA 482-A:3:

(a) Any work done that:

(1) Is not covered by an SPN under Env-Wt 308, a registration under Env-Wt 309, or an SMMD permit under Env-Wt 310.04 through Env-Wt 310.09;

(2) Is in an area that is subject to the jurisdiction of the federal Clean Water Act for which an LSA, EXP, or standard permit has not been obtained; or

(3) Causes impacts to jurisdictional areas that are not authorized by an SPN, registration, LSA, EXP, SMMD permit, or standard permit;

(b) Any work that is subject to an LSA, EXP, SMMD permit, or standard permit that is carried out prior to receiving the applicable authorization; and

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 307.18 Reports {#sec-env-wt-307.18 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 307.18}

The following plans and reports shall be submitted to the department, where applicable:

(a) Compensatory mitigation project monitoring reports in accordance with Env-Wt 803.04;

(b) A construction monitoring plan with inspection reports, water quality reports, and a wetland planting plan prepared by a CPESC specialist or certified wetland scientist;

(c) A report that describes the monitoring conducted and date(s) of inspections, and includes photos showing the extent of jurisdictional impacts, areas of restoration, and progress of any plantings;

(d) A report that describes the stability of and status of stream or wetland systems, including a description of any necessary adjustments; and

(e) A schedule and description of measures to be taken during construction and after completion of the project.

History

#12803, eff 12-15-19

Part Env-Wt 308 Activities Allowed or Prohibited by Statute

N.H. Code Admin. R. Ann. Env-Wt 308.01 Activities Exempted By Statute from Permit Requirement {#sec-env-wt-308.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 308.01}

A permit under RSA 482-A shall not be required prior to undertaking any of the following activities in any jurisdictional area:

(a) As specified in RSA 482-A:3, IV(a) and as clarified in Env-Wt 308.02(a) and (b), the replacement or repair of existing structures in or adjacent to any waters of the state that does not involve excavation, removal, filling, or dredging in any waters or of any bank, flat, marsh, or swamp;

(b) As specified in RSA 482-A:3, IV(b) and subject to the conditions listed in Env-Wt 308.02(c), the maintenance, repair, replacement, or modification so as to preserve usefulness of:

(1) Man-made non-tidal drainage ditches;

(2) Roadside and railroad ditches;

(3) Detention basins, ponds, and wetlands that have been legally constructed to collect, convey, treat, or control storm water and spring run-off;

(4) Legally constructed ponds on active farms;

(5) Erosional features caused by proximate human activity;

(6) Fire ponds and intake areas of dry hydrants that have been legally constructed to provide water for municipal firefighting purposes as approved by a local fire chief; and

(7) Aggregate wash ponds, sluiceways, and other legally constructed man-made water conveyance systems that are used for the commercial or industrial purpose of collecting, conveying, storing, and recycling water;

(c) As specified in RSA 482-A:3, IV(c), the cleaning of legally constructed culverts as necessary to preserve their usefulness, provided:

(1) The conditions stated in Env-Wt 308.02(c) are met; and

(2) Any repair, replacement, or modification of a culvert is in accordance with RSA 482-A:3, XVI, reprinted in Appendix D;

(d) As specified in RSA 482-A:3, VII and as clarified in Env-Wt 308.02(d), the removal of sand that has blown or drifted onto any lawn, driveway, walkway, parking or storage area, or boat ramp, or that has blown or drifted in, on, or around buildings or other structures owned by the person;

(e) As provided in the definition of “structure” in RSA 482-A:2, IX, the construction or installation of a bench, a landing with dimensions no larger than 10 feet wide by 10 feet long, or stairs with a width not exceeding 6 feet, provided that:

(1) The construction or installation is done without regrading or recontouring the shoreline; and

(2) No portion of the bench, landing, or stairs is over water;

(f) As provided in RSA 482-A:3, XI(b), activities associated with the manual search for minerals in a river bed by panning, without the use of motorized equipment, provided that any person who intends to engage in any panning activity obtains prior written permission to engage in such activity from the riverbed landowner on whose property the activity is to be conducted, as required by RSA 482-A:3, XI(f); and

(g) As provided in RSA 210:9, II, the destruction or removal of a beaver dam or the installation of beaver pipes or beaver fences as defined in RSA 210:9, II-a by a landowner, the landowner’s agent, or any town or municipal or state official or employee on property under that person’s control to protect property, public highways, or bridges from damage or submersion, subject to the following conditions:

(1) Removal of the dam shall be done in a gradual manner such that it does not allow a sudden release of impounded water so as to cause erosion, siltation, or a safety hazard downstream;

(2) No machinery shall enter the water or otherwise create any disturbance by filling or dredging in or adjacent to surface waters, wetlands, or the banks thereof; and

(3) All dredged materials shall be placed out of jurisdictional areas.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 308.02 Clarification of Statutory Exemptions {#sec-env-wt-308.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 308.02}

(a) If a structure that will be repaired or replaced pursuant to RSA 482-A:3, IV(a) has a portion located below the water surface at time of such repair or replacement and the below-water portion will also be repaired or replaced, a permit shall be obtained prior to undertaking any work on the below-water portion.

(b) If a permit is required by (a), above, the applicant shall submit, with the application for the permit, proof that the structure the applicant is proposing to repair or replace is an existing legal structure as defined in Env-Wt 102.

(c) As specified in RSA 482-A:3, IV(b), the activities listed in Env-Wt 308.01(b), may be undertaken without a permit only if:

(1) The exempted facility, area, or feature was not constructed as compensatory mitigation under a wetlands permit or as part of a settlement agreement;

(2) The exempted facility, area, or feature is not extended into any jurisdictional area;

(3) Dredged materials are deposited outside of all jurisdictional areas;

(4) Wetlands or surface waters outside the limits of the exempted facility, area, or feature are not disturbed or degraded;

(5) Best management practices are followed; and

(6) The work does not infringe on the property rights or unreasonably affect the value or enjoyment of property of abutting owners;

(d) Sand that has blown or drifted from a sand dune onto a lawn, driveway, walkway, parking area, storage area, or boat ramp, or that has blown or drifted into, onto, or around any structure may be removed by the owner without a permit pursuant to RSA 482-A:3, VII.

(e) A structure shall qualify for a statutory exemption only if the structure:

(1) Was legally constructed; and

(2) Has been maintained so as to continue its intended use when originally constructed, and not abandoned or overgrown.

(f) An erosional feature, such as a small erosion gully or rill, may be smoothed and filled and stabilized as necessary to protect water quality where adjacent to a developed area, provided that if the erosional feature is within the area approved to be impacted by a permit, the work shall comply with the approved plans and permit.

(g) A legally-constructed ditch may be cleaned out and maintained to remove deposited silt or sediment, but shall not be lowered to drain or dewater adjacent wetlands or surface waters.

(h) All exempt activities shall be conducted in accordance with all applicable BMPs and Env-Wt 307.03.

(i) As provided in RSA 482-A:3, IV-a, the installation of a temporary seasonal dock on any lake or pond is exempt from permitting, provided that all requirements of RSA 482-A:3, IV-a are met, including the filing of notice to the department in the form of a completed Form NHDES-W-06-035, “Seasonal Dock Notification”, as amended September 2023.

(j) The repair of inland non-tidal docking structures duly registered in accordance with Env-Wt 1000 is exempt from permitting.

History

#12803, eff 12-15-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 308.03 Activities Prohibited or Limited By Statute {#sec-env-wt-308.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 308.03}

(a) As specified in RSA 482-A:3, VIII and IX, no person shall operate or ride any mechanized or off-highway recreational vehicle on any sand dune in the state of New Hampshire except for:

(1) Police vehicles or fire vehicles;

(2) Vehicles used in cases of emergency;

(3) Authorized maintenance vehicles when performing maintenance duties; and

(4) Vehicles used by commercial fishermen or commercial lobstermen when engaged in activities related to fishing or lobstering.

(b) As specified in RSA 482-A:16, no person shall place or cause to be placed any fill in any area below the mean high water level of any public waters, or below the artificially-created high water level of publicly-owned bodies of water in this state, with the intent or with the effect of creating or forming filled land adjacent to such bodies of water without obtaining a grant of right from the governor and executive council in accordance with RSA 482-A:17.

(c) As specified in RSA 482-A:21, I, no person shall excavate, remove, or dredge any bank, flat, marsh, swamp, or lake bed that lies below the natural mean high water level of any natural pond of more than 10 acres without obtaining a grant of right from the governor and executive council in accordance with RSA 482-A:22.

(d) As specified in RSA 482-A:26, I, no person shall construct any structure suitable for use as a dwelling if the structure or any part of the structure extends beyond the shoreline of any public water or publicly-owned water body.

(e) As specified in RSA 482-A:26, II, no person shall convert or modify any existing structure in order to make the structure suitable as a dwelling if the structure or any part of the structure extends beyond the shoreline of any public water or publicly-owned water body, subject to the exceptions specified in RSA 482-A:26, III.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 308.04 Statutory Permits-by-Notification (SPNs) {#sec-env-wt-308.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 308.04}

The following activities may be undertaken in any jurisdictional area without obtaining an LSA, EXP, or standard permit provided the conditions identified below are met and the requirements of Env-Wt 308.05 through Env-Wt 308.08 are met:

(a) As provided in RSA 482-A:3, V, timber harvesting that meets the requirements for minimum impact activities, provided that the person undertaking the timber harvesting complies with all requirements specified in RSA 482-A:3, V, reprinted in Appendix D;

(b) As provided in RSA 482-A:3, XII, minimum impact projects to construct and maintain recreational trails, provided that all requirements of RSA 482-A:3, XII, reprinted in Appendix D, are met;

(c) As provided in RSA 482-A:3, XV, minimum impact projects by utility providers to maintain and repair existing utility services within existing rights of way, provided that all requirements of RSA 482-A:3, XV, reprinted in Appendix D, are met; and

(d) As provided in RSA 482-A:3, XVI, minimum impact projects to repair or replace culverts or stream crossing structures, including culverts up to and including 48 inches in diameter or the functional hydraulic equivalent, provided that all requirements of RSA 482-A:3, XVI, reprinted in Appendix D, are met.

History

#12803, eff 12-15-19; (See also Revision Note at part heading for Env-Wt308); ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 308.05 Activation of an SPN {#sec-env-wt-308.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 308.05}

(a) The person responsible for a project that includes an activity listed in Env-Wt 308.04 shall activate the relevant SPN by completing and submitting to the department the applicable notification as listed in Env-Wt 308.06, Table 308-1, and submitting the following information:

(1) The information specified in the applicable statutory provision, including any applicable fee;

(2) Proof that the project conforms to the statutory criteria, including:

a. The DataCheck Tool results identification number and an affirmation that recommendations pursuant to Env-C 800 have been received;

b. For a forestry SPN:

A USGS topographic map or NRCS soils map, with the type and location of all wetlands and waterbody crossings clearly indicated pursuant to RSA 482-A:3, V(b)(4);
The notice of intent to cut filed with the department of natural and cultural resources pursuant to RSA 482-A:3, V(a); and
Documentation to prove that the minimum impact criteria in Env-Wt 520.05 have been met, such as a plan or sketch;

c. For a trails SPN pursuant to RSA 482-A:3, XII(b)(4), a copy of the appropriate USGS topographic map at its original scale with the type and location of all wetland and waterbody crossings clearly indicated;

d. For a utility SPN pursuant to RSA 482-A:3, XV(b)(3):

A copy of the appropriate USGS topographic map at its original scale with the project locations or utility corridor clearly identified; and
The most recent National Wetland Inventory map, USGS topographic map, or annotated aerial photograph showing the wetland types crossed; and

e. For minimum impact projects to repair or replace culverts or stream crossing structures as provided in Env-Wt 308.04(d):

A copy of the appropriate USGS topographic map at its original scale with the project locations clearly labeled;
Information regarding the existing and proposed structure shown on plan sheets or equivalent plans, including the existing type ad location of the structure, diameter of the culvert, the total length of the culvert, and a listing of Best Management Principles from the Routine Rodway BMPs to be used during construction; and
Color photographs of the proposed work sites showing existing structures, surrounding land, and jurisdictional areas in and adjacent to the work location; and

(3) For minimum impact projects to repair or replace culverts or stream crossing structures as provided in Env-Wt 308.04(d), except for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, if the project is within LAC jurisdiction then the LAC has signed the notification to waive its right to intervene.

(b) The person responsible for the activity shall:

(1) Sign and certify the notification in accordance with Env-Wt 311.11; and

(2) Affirm that:

a. The project is not located in a PRA, except as provided in Env-Wt 407;

b. All recommendations of the ecological review section of the department have been received; and

c. The person responsible for the activity is aware of the limits of the SPN and BMPs for the project and will adhere to both.

(c) If the department determines that a notification is administratively complete and that the project as described meets the requirements for an SPN, the department shall, within 5 working days of receipt of the notification, post on its website:

(1) A notice that the notification was complete and that the project as described conforms with all applicable requirements; and

(2) The effective date of the SPN, which shall be the date the SPN is posted by the department on its website.

(d) For any forestry SPN issued as noted in (c), above, the department shall provide:

(1) A copy suitable for posting at the job site to the applicant;

(2) A letter to the property owner confirming the forestry SPN and noting the applicable conditions; and

(3) A copy of the letter required by (2), above, to the town municipal offices, conservation commission if any, and NH DNCR district forest ranger.

(e) If the department determines that a notification is incomplete or that the project as described does not meet the requirements for an SPN, the department shall send a written notice to the person responsible for the project that:

(1) Identifies each deficiency; and

(2) Informs the person that in order to proceed under the SPN, the person shall:

a. File a complete and correct notification, if the project as described appears to meet the requirements for an SPN; or

b. Obtain an LSA, EXP, or standard permit, if the project as described does not appear to meet the requirements for an SPN.

(f) If a person receives a notice under (e), above, and proceeds with the work covered by the notification without first filing a complete and correct SPN form or obtaining a different type of authorization, then:

(1) All work done shall be deemed to have been done without a permit or exemption; and

(2) The person shall file an application for an after-the-fact standard permit.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 308.06 SPN Notifications {#sec-env-wt-308.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 308.06}

The information required to activate an SPN specified in Env-Wt 308.05 shall be submitted on or with the applicable document identified in Table 308-1, below:

Table 308-1: SPN Notifications

Cross-Reference

Type of SPN

Document Name, Identification

Document Date

Env-Wt 308.04(a)

Timber harvesting (Forestry)

Forestry, NHDES-W-06-008

Jan. 2026

Env-Wt 308.04(b)

Recreational trails

Trails Notification, NHDES-W-06-040

Jan. 2026

Env-Wt 308.04(c)

Utilities

Utility Maintenance Activity, NHDES-W-06-042

Jan. 2026

Env-Wt 308.04(d)

Culvert repair/replacement

Culvert Repair-Replacement, NHDES W-06-033

Jan. 2026

History

#12803, eff 12-15-19; ss by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 308.07 Post-Work Notification Requirements for SPNs other than Utility Project SPNs {#sec-env-wt-308.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 308.07}

(a) Prior to commencing the work covered by the SPN, the person responsible for a project other than a utility project shall post at the site a copy of the SPN posted by the department on its web site or provided by the department pursuant to Env-Wt 308.05(d)(2).

(b) Within 10 days following completion of the work covered by an SPN other than a utility project, the person responsible for the project shall submit to the department confirmation of completion of the project, either by paper copy or electronically.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 308.08 Conditions for SPNs {#sec-env-wt-308.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 308.08}

All work done pursuant to an SPN shall be subject to the following conditions:

(a) The work shall be done in compliance with all applicable conditions in Env-Wt 307;

(b) Any work done in shoreland covered by RSA 483-B, the shoreland water quality protection act, shall comply with all applicable conditions established therein; and

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

Part Env-Wt 309 LOWER SCRUTINY APPROVALS (LSAs)

N.H. Code Admin. R. Ann. Env-Wt 309.01 Applicability; Types of LSAs {#sec-env-wt-309.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.01}

(a) This part shall apply to those activities that:

(1) Are not prohibited or exempted by RSA 482-A;

(2) Are not subject to an SPN; and

(3) May be undertaken without an EXP or a standard permit.

(b) LSAs shall be classified based on the type of activity authorized, as follows:

(1) Activities authorized by rule to be undertaken without notice to the department provided the conditions specified in Env-Wt 309.02 are met;

(2) Routine roadway maintenance activities that may be undertaken provided a registration is filed and the conditions specified in Env-Wt 309.03 through Env-Wt 309.05 are met; and

(3) Minimum impact activities, other than restoration/enhancement projects under Env-Wt 525, that:

a. Meet the applicable provisions of Env-Wt 307, Env-Wt 500, Env-Wt 600, or Env-Wt 900;

b. Do not impact a PRA, except as provided in Env-Wt 407; and

c. Qualify for a PBN as specified in Env-Wt 309.06 through Env-Wt 309.10.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 309.02 Projects Conditionally Authorized By Rule {#sec-env-wt-309.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.02}

As authorized by RSA 482-A:11, VII, the following activities that are not prohibited or exempted by RSA 482-A and are not subject to an SPN may be undertaken without notifying the department or registering the activity with the department and without obtaining a standard permit or an EXP, provided the conditions stated in Env-Wt 307 and the conditions stated below are met:

(a) Mowing or other cutting of vegetation in a wet meadow, red maple swamp, hemlock swamp, or white pine swamp, subject to the following conditions:

(1) The roots of the vegetation shall not be disturbed;

(2) The ground shall be frozen or sufficiently dry to avoid making ruts; and

(3) The project shall not be located in a bog, designated prime wetland, duly-established 100-foot buffer, marsh, or tidal buffer zone;

(b) Placement of a boat mooring, swim raft, or swim line in waters of the state, provided that the mooring, raft, or line has a permit from the department of safety or the harbor master, as applicable;

(c) Temporary placement of a fabric barrier on the bottom of a lake or pond by or under the direction of the department for the control of exotic aquatic weeds as authorized by RSA 487:17, subject to the following conditions:

(1) The area shall not exceed 10,000 square feet (SF); and

(2) The project shall not be located in a marsh of any size or a PRA unless specifically authorized;

(d) Installation of a stream crossing in an ephemeral stream;

(e) Use of piezometers, staff gauges, flow meters, or hand tools such as augers or tile spades for:

(1) Determining limits of jurisdictional wetlands;

(2) Determining stability of shoreline for data to be included in a wetlands application;

(3) Educational purposes; or

(4) Monitoring hydrology;

(f) Hand raking of leaves or other organic debris from the shoreline or lake bed, subject to the following conditions:

(1) All raking shall be done in an area exposed by drawdown or other low-water conditions;

(2) The raking shall not disturb vegetative roots; and

(3) The raking shall be limited to an area no larger than 900 SF;

(g) The planting of non-invasive plants to enhance wetlands using hand-held, non-motorized tools;

(h) Any stream crossing built landward of the limits of one bank to landward of the limits of the opposite bank so as not to impact jurisdictional areas;

(i) Drilling geotechnical borings during the design of a project, borings and excavation for the purpose of wetland delineation or geologic sampling, drilling test wells or installing monitoring wells for purposes of exploring for public water supplies, drilling drinking water wells for public or private use, and drilling test wells or installing monitoring wells to investigate or monitor soil or groundwater contamination, provided:

(1) The applicant provides the landowner, the department, the local governing body, and the municipal conservation commission, if any, with written notification of the general location and the type of work to be conducted prior to its commencement;

(2) All applicable conditions from Env-Wt 307 are met;

(3) Drill holes:

a. Do not exceed 8 inches in diameter; and

b. Are back-filled with drill spoil or are filled with clean material or grout;

(4) Drill cuttings are removed out of department jurisdiction, unless they are used as provided in (3)b., above;

(5) Any drilling in surface waters is done using machinery operated from a barge, from the ice, or from adjacent uplands; and

(6) No work is done in bogs, marshes, tidal wetlands, designated prime wetlands, a duly-established 100-foot buffer, or in surface waters except as provided in (5), above;

(j) Test pitting by backhoe or other heavy equipment in the banks of surface waters or in the upland tidal buffer zone for the purpose of gathering geotechnical information for the design of a project;

(k) Undertaking site remediation activities approved by the department pursuant to Env-Or 600, subject to the following additional conditions:

(1) The information submitted to the department on which the approval for the activities was issued shall have:

a. Clearly identified all jurisdictional areas; and

b. Clearly described the activities that will occur within jurisdictional areas; and

(2) The entity undertaking the activities shall provide the department’s wetlands bureau and the local governing body with written notice of the commencement of work as soon as practicable, but in no event later than 5 working days after commencing work; and

(l) Projects solely for the removal of exotic aquatic weeds (EAW), subject to the following:

(1) The project shall be conducted in accordance with a long-term management plan designed pursuant to Env-Wq 1305.03;

(2) In flowing waters, harvesting shall be initiated only at the most upstream location of the infestation, where practicable;

(3) The work shall be conducted by divers who have received training in EAW control diving from a diving instructor who is listed with the department’s invasive species coordinator;

(4) The vegetation control shall be done in a manner that avoids impacts that would cause degradation of water quality; and

(5) The project:

a. Complies with RSA 487:15 through 25, the New Hampshire Clean Lakes Program; and

b. Uses a construction sequence that minimizes impacts to any adjacent PRAs.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 309.03 Registrations for Routine Roadway Maintenance Activities {#sec-env-wt-309.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.03}

Routine roadway maintenance activities that are not covered by the SPN described in Env-Wt 308.04(d) but are included in the Routine Roadway BMPs may be undertaken pursuant to this section provided:

(a) The activities are conducted in accordance with the Routine Roadway BMPs, except that for projects in LAC jurisdiction as applied to routine roadway projects, a standard application shall not be required if a waiver of intervention is obtained from the LAC;

(b) The total project does not impact more than 50 LF of a watercourse or more than 3,000 SF of any other jurisdictional area;

(1) In or adjacent to designated prime wetlands;

(2) In a bog, marsh, tidal wetlands, undisturbed tidal buffer zone, or sand dunes; or

(3) On an existing stream crossing where erosion processes have scoured the toe of the stream bank to an extent that the upper portion of the stream bank has collapsed within 150 LF of the stream crossing;

(d) The work does not occur on property not owned by the responsible party unless the responsible party also:

(1) Provides copies of a signed written release from each owner of the property on which the work will be done to the department with the registration; or

(2) Provides a completed registration at least 5 calendar days prior to start of work to each owner of property that will be impacted by the work; and

(e) A copy of the completed registration is posted in a prominent location at the worksite prior to initiation of work at the worksite.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 309.04 Information Required for Routine Roadway Maintenance Registrations {#sec-env-wt-309.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.04}

(a) To register routine roadway maintenance activities, the responsible party shall complete and submit to the department the “Registration for Routine Roadway Maintenance Activities” form as listed in (b), below, that has been signed and certified as specified in Env-Wt 311.11.

(b) The registrations required by (a), above, shall be as specified in Table 309-1, below:

Table 309-1: Routine Roadway Maintenance Registrations

Registration

Document Identification

Document Date

RR-1: Culvert replacement or repair

NHDES-W-06-033-A

Jan. 2026

RR-2: Culvert extension

NHDES-W-06-033-B

Jan. 2026

RR-3: Relocation of an Existing Culvert

NHDES-W-06-033-C

Jan. 2026

RR-4: Embankment stabilization

NHDES-W-06-033-D

Jan. 2026

RR-5: In-kind headwall repair only, on any size culvert

NHDES-W-06-033-E

Jan. 2026

RR-6: Headwall construction, repair, or replacement

NHDES-W-06-033-F

Jan. 2026

RR-7: Roadside ditch maintenance

NHDES-W-06-033-G

Jan. 2026

RR-8: Culvert inlet and outlet maintenance

NHDES-W-06-033-H

Jan. 2026

RR-9: Temporary scaffolding

NHDES-W-06-033-I

Jan. 2026

(c) Each form listed in Table 309-1, above, requires a signed statement from the LAC certifying that the LAC waives its right to intervene in the project if the project is within LAC jurisdiction.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 309.05 Processing of Routine Roadway Maintenance Registrations {#sec-env-wt-309.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.05}

(a) As of December 24, 2019, the department shall review a routine roadway maintenance (RRM) registration for administrative completeness within 2 working days of receipt as provided in this section.

(b) If the RRM registration does not contain all information and certifications required by Env-Wt 309.04, the department shall:

(1) Disqualify the RRM registration; and

(2) Within 2 working days of disqualifying the RRM registration, post a notice of disqualification for the project that includes the reason(s) for the disqualification on its website.

(c) The department shall review a complete RRM registration for compliance with all applicable requirements within 2 working days of determining the registration is complete.

(d) Within 4 working days of receiving a complete RRM registration, the department shall:

(1) If the registration complies with applicable requirements, post a notice of completeness for the project on its website; or

(2) If the project covered by the RRM registration does not comply with applicable requirements, then:

a. Disqualify the registration; and

b. Within 2 working days of disqualifying the RRM registration, post a notice of disqualification for the project that includes the reason(s) for the disqualification on its website.

(e) If a RRM registration was denied because it was incomplete and the registrant wishes to proceed under a RRM registration, the registrant shall submit a new registration for an RRM in accordance with Env-Wt 309.04.

(f) If a RRM registration was denied because the proposed project did not comply with applicable requirements and the registrant wishes to proceed, the registrant shall file:

(1) An RRM registration for a project that has been modified to conform to applicable requirements; or

(2) An application for a PBN under Env-Wt 309.06, an EXP under Env-Wt 310, or a standard permit under Env-Wt 311.

History

#12954, eff 12-24-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 309.06 Availability of Permit-by-Notification (PBN) {#sec-env-wt-309.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.06}

Any person intending to undertake activities in a jurisdictional area may do so under a PBN as authorized by RSA 482-A:11, VI if the project is:

(a) A minimum impact project that is:

(1) Exotic aquatic weed control activities not exceeding one acre that comply with Env-Wt 510.08(a);

(2) Replenishment of an existing beach that complies with Env-Wt 511.07(a);

(3) Repair or replacement of an existing legal deck or patio that complies with Env-Wt 511.08(a);

(4) Construction, installation, or modification of docking structures that complies with Env-Wt 513.24(a);

(5) Repair or replacement of an existing legal docking structure that complies with Env-Wt 513.25 or Env-Wt 515.07;

(6) Installation of a new canopy that complies with Env-Wt 513.26(a);

(7) Repair or replacement of an existing legal retaining wall that complies with Env-Wt 514.07(a)(3);

(8) Repair or replacement of an existing legal boat launch under Env-Wt 518.07(b)(1);

(9) Installation or maintenance of a dry hydrant that complies with Env-Wt 518.07(a)(1);

(10) Forestry activities that:

a. Are not eligible for an SPN; and

b. Comply with Env-Wt 520.05(a);

(11) Utility activities that:

a. Are not eligible for an SPN; and

b. Comply with Env-Wt 521.06(a);

(12) Installation of residential utilities to a single-family home that complies with Env-Wt 521.06(a)(7);

(13) Agricultural activities that comply with Env-Wt 522.06(a);

(14) A temporary coffer dam that complies with Env-Wt 526.06(f);

(15) Maintenance of an existing legal tidal docking structure that complies with Env-Wt 606.17(b);

(16) Repair of an existing legal tier 1 or tier 2 stream crossing that complies with Env-Wt 903.01(e)(2);

(17) Repair of an existing legal tier 3 stream crossing that complies with Env-Wt 903.01(e)(3);

(18) Replacement of an existing legal tier 1 stream crossing that complies with Env-Wt 903.01(e)(4);

(19) Installation of a temporary tier 1 or tier 2 crossing that complies with Env-Wt 903.01(e)(5);

(20) Pond maintenance project that complies with Env-Wt 519.09(a); or

(21) A new, single lot, residential driveway, or minimum impact project in accordance with Env-Wt 524.06(a); and

(b) Meets the applicable provisions of Env-Wt 307, Env-Wt 500, Env-Wt 600, or Env-Wt 900.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19 (formerly Env-Wt 309.05); ss by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 309.07 PBN Application Requirements {#sec-env-wt-309.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.07}

To obtain a PBN, the applicant shall submit to the department:

(a) A completed Form NHDES-W-06-27, “Wetlands Permit-By-Notification”, dated January 2026 that has been signed and certified as specified in Env-Wt 311.11;

(b) Information on the proposed project location, including:

(1) A copy of the town tax map showing the location of the proposed project in relation to abutters;

(2) A copy of the appropriate US geological survey map with the property and project located;

(3) Original or digital photos, clearly showing the area to be impacted, mounted no more than 2 per sheet, on 8.5 inches by 11 inches paper and annotated to explain impact; and

(4) The DataCheck Tool results containing the identification number from the department as well as documentation of any ecological review requests made to the department pursuant to Env-C 800, communications and information related to the requested ecological review, and the results of the ecological review pursuant to Env-C 800;

(1) Identification of the applicable minimum project provision in Env-Wt 500, Env-Wt 600, or Env-Wt 900, as applicable, and any required project-specific information;

(2) An accurate drawing with dimensions clearly shown to document existing site conditions and to show the location of the property;

(3) An accurate drawing to show the impact of the proposed activity on jurisdictional areas, including the following:

a. An overview of the property and proposed impact areas in relation to property lines;

b. The scale, if any, used on the plan;

c. If the drawing is not to scale, the dimensions of all existing and proposed structures and all other relevant features necessary to clearly define the project;

d. A labeled north-pointing arrow to indicate orientation;

e. A legend that clearly indicates all symbols, line types, and shading used on the plan;

f. The location of jurisdictional areas delineated in accordance with Env-Wt 400;

g. Proposed sequence of construction including pre-construction through post-construction activities and the relative timing and progression of all work;

h. The location and type of siltation and turbidity controls indicated graphically and labeled, or annotated as necessary; and

i. For any project using a temporary coffer dam and for any repair of a tier 3 stream crossing, the date, signature, and seal of the licensed professional engineer who prepared or had responsibility for the plan(s);

(4) Any additional information required by the applicable section in Env-Wt 500, Env-Wt 600, or Env-Wt 900; and

(5) The plan date, latest revision date, and preparer’s name;

(d) A signed statement by the applicant certifying, in addition to the certifications specified in Env-Wt 311.11, that:

(1) The proposed project will be conducted in a manner that will meet the applicable conditions and limits of Env-Wt 307 and all applicable minimum impact project rules;

(2) If the project is to repair or replace a docking structure, the docking structure is an existing legal structure;

(3) The proposal is the alternative with the least adverse impact to jurisdictional areas, as required by Env-Wt 313.03(a); and

(4) The applicant is aware of the limits of the PBN and understands and will comply with all conditions in the PBN;

(e) The application fee for minimum impact projects as required by RSA 482-A:3, I;

(f) A statement signed by the town or city clerk of the municipality in which the property is located or, if the property is located in more than one municipality, by the city or town clerk of each such municipality, certifying that the municipality has received 4 copies of the application including all attachments;

(g) A signed statement by the county conservation district or certified wetland scientist, if required by the appropriate minimum impact project rule, certifying compliance with all conditions of that rule;

(h) In addition to the information required in (a) through (g) above, the applicant may submit a signed statement from the conservation commission or, if there is no conservation commission, the local governing body, certifying that the municipality waives its right to intervene on the project, unless the PBN is for one of the following project types in which case no review or signed statement is necessary to qualify for review under Env-Wt 309.08(a)(1):

(1) Replenishment of an existing legal beach that complies with Env-Wt 511.07(a);

(2) Repair or replacement of an existing legal deck or patio that complies with Env-Wt 511.08;

(3) Repair or replacement of an existing legal docking structure that complies with Env-Wt 513.25;

(4) Repair or replacement of an existing legal retaining wall that complies with Env-Wt 514.07(a)(3);

(5) Maintenance or repair of an existing legal boathouse that complies with Env-Wt 515.07;

(6) Maintenance of an existing legal tidal docking structure that complies with Env-Wt 606.17(b);

(7) Repair of an existing legal tier 1 or tier 2 stream crossing that complies with Env-Wt 903.01(e)(2);

(8) Repair of an existing legal tier 3 stream crossing that complies with Env-Wt 903.01(e)(3); and

(9) Replacement of an existing legal tier 1 stream crossing that complies with Env-Wt 903.01(e)(4); and

(i) A signed statement from the LAC, if the project is a routine roadway maintenance activity within LAC jurisdiction, certifying that the LAC waives its right to intervene on the project.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19 (formerly Env-Wt 309.06); amd by #12976, eff 1-22-20; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 309.08 PBN Review Procedures {#sec-env-wt-309.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.08}

(a) The department shall review an application for a PBN for completeness and compliance with applicable department rules. If the application is complete and complies with applicable requirements, the department shall issue a permit and post it to its website:

(1) Within 10 calendar days of receipt, for those projects identified in Env-Wt 309.07(h) or where a written waiver of intervention from the municipal conservation commission, and from the LAC if required by Env-Wt 309.07(i), has been received; or

(2) Within 25 calendar days of receipt if (1) does not apply.

(b) If the PBN application is complete at filing but does not comply with the applicable rule requirements, the department shall deny the application and notify the applicant in writing of the reason(s) for denial within the timelines in (a) above.

(c) If the PBN application is not complete, the department shall send a written request for more information to the applicant and the local governing body within the timelines in (a) above identifying any deficiencies and the information necessary to complete the application. The request for more information shall notify the applicant to submit all necessary information within 30 calendar days of the date of the written notice or the PBN application shall be denied.

(d) Within 30 calendar days of receipt of a complete response to a request for more information as described in (c), the department shall review the response for compliance with applicable department rules and take one of the following actions:

(1) If the complete application complies with applicable requirements, the department shall issue a permit and post it to its website within 30 calendar days of receiving the complete application; or

(2) If the complete application does not comply with the applicable requirements, the department shall deny the application and notify the applicant in writing of the reason(s) for denial within 30 calendar days of receiving the complete application.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19 (formerly Env-Wt 309.07); ss by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 309.09 Conditions for PBNs {#sec-env-wt-309.09 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.09}

(a) All work authorized by a PBN shall comply with all applicable conditions specified in Env-Wt 307 and the applicable provisions of Env-Wt 500, Env-Wt 600, or Env-Wt 900.

(b) Subject to Env-Wt 309.10, after the completion of work authorized by a PBN no other work that would require any permit or other authorization under RSA 482-A or subtitle Env-Wt shall be undertaken on the subject property pursuant to another PBN or EXP, or pursuant to an SPN, for a period of 12 months from the date the PBN was issued.

(c) Within 10 days following completion of the work covered by a PBN, the person responsible for the project shall submit to the department confirmation of completion of the project, either on paper or electronically.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19 (formerly Env-Wt 309.08)

N.H. Code Admin. R. Ann. Env-Wt 309.10 Work Subsequent to Work Under a PBN; Reclassification {#sec-env-wt-309.10 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 309.10}

(a) Work that is wholly unrelated to the work covered by the PBN may be done within 12 months of the date the PBN was issued under another PBN or EXP, or pursuant to an SPN, if the property owner submits information, including a plan, to demonstrate that:

(1) The proposed work is wholly unrelated to and separate from the work already done under the prior PBN, EXP, or SPN; and

(2) The proposed work and the work already done under the prior PBN, EXP, or SPN do not, when combined, constitute a project for which a standard permit is required.

(b) If the property owner wishes to undertake work that is related to the work covered by the PBN within 12 months of the date the PBN was issued, the owner shall submit information about the proposed work and the department shall evaluate the proposed work together with the work covered by the PBN to assess the cumulative impact to determine whether the project as a whole meets a different classification under Env-Wt 400, Env-Wt 500, Env-Wt 600, or Env-Wt 900, as applicable.

History

#12803, eff 12-15-19; renumbered by #12954 (formerly Env-Wt 309.08)

Part Env-Wt 310 SUBMISSIONS FOR EXPEDITED PERMITS (EXPs)

N.H. Code Admin. R. Ann. Env-Wt 310.01 EXP Submission Requirements {#sec-env-wt-310.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 310.01}

To obtain an EXP, the applicant shall submit to the department:

(a) A completed Form NHDES-W-06-052, “Expedited Minimum Impact (EXP) Wetlands Permit Application”, dated January 2026:

(b) Information on the proposed project location, including:

(1) A copy of town tax map showing the location of the proposed project in relation to abutters;

(2) A list of abutters’ names and mailing addresses to cross-reference with the tax map;

(3) A copy of the appropriate USGS map with the property and project clearly marked;

(4) Photos that:

a. Clearly show the area to be impacted;

b. Are mounted or printed no more than 2 per sheet on 8.5 inches x 11 inches paper; and

c. Are annotated to explain impact; and

(5) The DataCheck Tool results containing the identification number from the department as well as documentation of any ecological review requests made to the department pursuant to Env-C 800, communications and information related to the requested ecological review, and the results of the ecological review pursuant to Env-C 800;

(1) Identification of the applicable minimum impact provision(s) in Env-Wt 500, Env-Wt 600, or Env-Wt 900 and the project-specific information required by those provision(s);

(2) An accurate drawing showing the precise location, with detailed dimensions clearly annotated to document existing site conditions and to show the proposed impacts to the jurisdictional areas;

(3) An accurate drawing to show the impact of the proposed activity on jurisdictional areas, including the following:

a. An overview of the property and proposed impact areas in relation to property lines;

b. The scale, if any, used on the drawing;

c. If the drawing is not to scale, the dimensions of all existing and proposed structures, existing and proposed topography, and all other relevant features necessary to clearly define the project;

d. A labeled north-pointing arrow to indicate orientation;

e. A legend that clearly indicates all symbols, line types, and shading used on the plan;

f. The location of the jurisdictional areas delineated and associated wetland delineation notes, in accordance with Env-Wt 400;

g. The proposed construction sequence including pre-construction through post-construction activities and the relative timing and progression of all work;

h. The location and type of siltation and turbidity controls indicated graphically and labeled or annotated as necessary;

j. For restoration/enhancement projects, the information required to be shown on a map by Env-Wt 525;

k. For tidal minimum impact projects, the information required to be shown on a map by Env-Wt 600;

l. For minimum impact stream crossing projects, the information required to be shown on a map by Env-Wt 900; and

m. Plans or documentation showing that impacts have been avoided and minimized to the maximum extent practicable per Env-Wt 313.03(a); and

(4) As applicable:

a. The type of dock construction;

b. The diameter of culvert(s) to be used for road or driveway crossings;

c. The additional information specified in Env-Wt 522 for minimum impact agricultural applications;

d. Plans for maintenance of retaining walls, as specified in Env-Wt 514;

e. Specifications and plans for maintenance of rip-rap, as required by Env-Wt 514; and

f. Any other project-specific plan, cross section, or information required under Env-Wt 500;

(d) A signed statement by the applicant certifying, in addition to the certifications specified in Env-Wt 311.11, that:

(1) The proposed project meets the conditions and limits of the applicable minimum impact project rule;

(2) All abutters have been notified;

(3) If the project is to repair or replace a docking structure, the docking structure is an existing legal structure;

(4) The proposal is the alternative with the least adverse impact to jurisdictional areas, as required by Env-Wt 313.03;

(5) The project is not an after-the-fact application;

(6) The project is:

a. Not located in a PRA; or

b. Is located in a PRA but is subject to a classification adjustment under Env-Wt 407.02 or a project-type exception (PTE) under Env-Wt 407.04; and

(7) The applicant is aware of the limits of the EXP and understands and will comply with all conditions in the EXP and all applicable conditions in Env-Wt 307;

(e) The application fee for minimum impact projects as required by RSA 482-A:3, I;

(f) As of December 24, 2019, a statement signed by the town or city clerk of the municipality in which the property is located or, if the property is located in more than one municipality, by the city or town clerk of each such municipality, certifying that the municipality has received a hard copy and digital copy of the application including all attachments;

(g) A signed statement by the county conservation district or certified wetland scientist, where required by the appropriate minimum impact project rule, certifying compliance with all conditions of that rule;

(h) A signed statement from the municipal conservation commission or, if there is no conservation commission, the local governing body, certifying that the municipality waives its right to intervene on the project, which may be submitted via email, or an indication by the applicant that they are applying for a minimum impact application under the processing timelines for a standard permit application under Env-Wt 311; and

(i) A signed statement from the LAC, if the project is within LAC jurisdiction, certifying that the LAC has received a copy of the application from the applicant and waives its right to intervene on the project.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #12976, eff 1-22-20; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 310.02 EXP Review Procedures {#sec-env-wt-310.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 310.02}

(a) The department shall review the application for an EXP for administrative completeness and compliance with applicable department rules within 30 calendar days of receipt if the application has been signed as required by Env-Wt 310.01(h) and (i).

(b) If the information submitted as part of the application is not sufficient for the department to determine that the project meets the criteria for an EXP, the department shall send a request for more information, together with any written technical comments the department deems necessary, within 30 calendar days of receipt of the application. Such request and technical comments shall be sent by electronic means if the applicant or applicant’s agent has indicated that doing so is acceptable.

(c) If the application is administratively complete, complies with applicable requirements, and has the signed statements required by Env-Wt 310.01(h) and (i), the department shall issue an EXP and post the information on its website within one working day of determining that the application was complete and in compliance with all applicable requirements.

(d) If the applicant receives a notice as described in (c), above, and wishes to proceed under a EXP, the applicant shall submit a revised application for an EXP that provides all of the required information within 20 days of the date of the notice.

(1) Identifies each item that is missing; and

(2) Informs the applicant that in order to proceed under the EXP, the applicant shall submit all necessary information within 20 days of the date of the notice or the application will be denied.

(e) If the applicant does not submit all necessary information to the department within 20 days of the date of a notice sent pursuant to (c), above, the department shall deny the EXP.

(f) If the project proposed in the EXP application does not comply with applicable requirements, the department shall deny the application and notify the applicant in writing of the reason(s) for the denial.

(g) If the applicant wishes to proceed with the project, the applicant shall file:

(1) An EXP application for a project that has been modified to conform to applicable requirements; or

(2) An application for a standard permit as specified in Env-Wt 311.

(h) If the application was complete except for one or both of the signed statements required by Env-Wt 310.01(h) and (i), the application shall be processed under the application processing times established in RSA 482-A:3, XIV.

(i) If the application was administratively complete except for one or both of the signed statements required by Env-Wt 310.01(h) and (i), the application shall be processed under the application processing times established in RSA 482-A:3, XIV.

(j) Any request for additional information under (b), above, shall:

(1) Specify that the applicant shall submit such information as soon as practicable; and

(2) Notify the applicant that if the requested information is not received within 60 days of the request, the department shall deny the application.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 310.03 Conditions for EXPs {#sec-env-wt-310.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 310.03}

The following conditions shall apply to all work done pursuant to an EXP:

(a) No other work shall be done on the subject property pursuant to another EXP, PBN, or an SPN for a period of 12 months from the date the EXP was issued unless the property owner submits information, including a plan, to demonstrate that:

(1) The proposed work is wholly unrelated to and separate from the work already done under the EXP, PBN, or SPN; and

(2) The proposed work and the work already done under the EXP, PBN, or SPN do not, when combined, constitute a project for which a standard permit is required;

(b) The work shall comply with all applicable conditions specified in Env-Wt 307; and

(c) Any work shall be timed and carried out to protect documented occurrences of cold water or threatened or endangered fisheries.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 310.04 Permit Required for Small Motor Mineral Dredging (SMMD) {#sec-env-wt-310.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 310.04}

(a) As required by RSA 482-A:3, XI(b), any person who wishes to engage in small motor mineral dredging (SMMD) shall obtain a permit from the department prior to engaging in such dredging. The permit shall be obtained as specified in Env-Wt 310.05 through Env-Wt 310.08.

(b) As provided in RSA 482-A:3, XI(a), SMMD shall be limited to minimum impact projects that do not exceed the following limits:

(1) Power equipment shall be limited to 5 horsepower;

(2) Suction dredges shall be limited to a single 4-inch diameter intake nozzle; and

(3) Sluice and rocker boxes shall be limited to 10 SF.

(c) As provided in RSA 482-A:3, XI(c), any person wishing to engage in mineral dredging that in any way exceeds the limits specified in (b), above, shall first obtain, in addition to a standard permit under Env-Wt 311, a mining permit from the department of natural and cultural resources pursuant to RSA 12-E.

(d) As required by RSA 482-A:3, XI(f), any person who has obtained a SMMD permit from the department shall, prior to engaging in any SMMD, obtain the written permission to engage in such activity from the riverbed landowner on whose property the activity is to be conducted.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 310.05 Applications for SMMD Permits {#sec-env-wt-310.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 310.05}

(a) To apply for an SMMD permit, the applicant shall complete and submit to the department Form NHDES-W-06-030, “Small Motor Mineral Dredging Permit Application”, as amended September 2023:

(1) The applicant’s name, mailing address, and e-mail address or daytime telephone number including area code;

(2) The calendar year for which the application is being made;

(3) Whether the applicant is a New Hampshire resident and if so, proof of New Hampshire residency as specified in (b), below;

(4) Proof of age as specified in (c), below, if New Hampshire residency is not claimed;

(5) A signed statement certifying that, in addition to the certifications specified in Env-Wt 311.11:

a. The applicant’s intended activities do not exceed any of the limits established in RSA 482-A:3, XI(a), as restated in Env-Wt 310.04(b); and

b. The applicant has read and will comply with Env-Wt 307 relative to those conditions that apply to all activities and those that apply specifically to dredging activities;

(6) The location(s) where the dredging will occur; and

(7) A check or money order for the filing fee required by RSA 482-A:3, XI(h), currently $25 for residents of the state of New Hampshire and $50 for out-of-state applicants.

(b) Any applicant claiming New Hampshire residency shall:

(1) Provide a clear photocopy of their New Hampshire driver’s license or New Hampshire non-driver ID; and

(2) Clearly print the license or ID number on the application.

(c) If the applicant is not claiming New Hampshire residency, the applicant shall submit a clear photocopy of their driver’s license, non-driver ID, or other documentation issued by a government entity that shows the applicant’s date of birth or otherwise establishes that the applicant is 18 years old or older.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 310.06 Submission to Municipality and Conservation Commission Review Not Required {#sec-env-wt-310.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 310.06}

As provided in RSA 482-A:3, XI(b):

(a) An application for a SMMD permit shall be filed directly with the department; and

(b) The application shall not be subject to:

(1) The requirements of RSA 482-A:3, I relative to notice and fees; or

(2) The requirements of RSA 482-A:11, III relative to conservation commission intervention review.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 310.07 Issuance of SMMD Permit {#sec-env-wt-310.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 310.07}

(a) The department shall issue a SMMD permit to any individual who:

(1) Submits a complete application as specified in Env-Wt 310.05(a); and

(2) Demonstrates that he or she is 18 years of age or older.

(b) Each individual 18 years of age or older who is participating in SMMD shall have his or her own permit.

(c) Individuals who are 17 years of age or younger may participate in SMMD only if accompanied by an individual who possesses a valid SMMD permit and only to the extent allowed by such individual.

(d) As authorized by RSA 482-A:3, XI(e), the department shall include in the permit such conditions and restrictions on timing and location as are necessary to protect the public interest in the environment and wildlife protection.

(e) The department shall not issue an SMMD permit for dredging in a documented occurrence of a cold water fishery or protected species area.

(f) As provided in RSA 482-A:3, XI(b), any permit issued by the department for SMMD shall expire at the end of the calendar year in which it is issued.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 310.08 Post-Issuance Requirements for SMMD Permits {#sec-env-wt-310.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 310.08}

(a) Subject to (b), below, any individual operating under an SMMD permit shall post the permit in the immediate vicinity of the dredging operation where it can be seen by anyone approaching the activity.

(b) If it is not practical to post the permit, the permittee shall have the original permit or a clear copy thereof available for inspection by anyone who requests to see it.

History

#12803, eff 12-15-19

Part Env-Wt 311 Applications and Procedures for Standard Permits

N.H. Code Admin. R. Ann. Env-Wt 311.01 Application Preparation for All Projects {#sec-env-wt-311.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.01}

Prior to finalizing the details of a proposed project for which a standard permit is needed, the applicant shall:

(a) Complete the required planning for all projects established in Env-Wt 306.05;

(b) If the DataCheck Tool identifies any areas of concern relative to protected species or habitat, determine how to avoid and minimize project-related impacts on the resource by coordinating with the ecological review section of the department pursuant to Env-C 800 for:

(1) Protected animal species and habitat; and

(2) Protected plants or exemplary natural communities;

(1) Review and complete the standard application criteria and design requirements and provide any additional minimization and avoidance design features; or

(2) Propose compensatory mitigation in accordance with Env-Wt 800;

(d) For work proposed within LAC jurisdiction, provide a copy of the final application and plans to the LAC prior to filing the application with the department;

(e) Ensure that impacts have been avoided and minimized to the greatest extent practicable, as specified in Env-Wt 313.03; and

(f) For any minor or major project, submit preliminary functional assessment results as specified in Env-Wt 311.10.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 311.02 Pre-Application Requirements for Projects Requiring Compensatory Mitigation {#sec-env-wt-311.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.02}

Prior to finalizing the details of a proposed project that is required by Env-Wt 313.04 to provide compensatory mitigation, the applicant shall:

(a) Undertake the reviews and responses required by Env-Wt 311.01;

(b) Provide:

(1) A statement that an in-lieu fee payment shall be made in accordance with RSA 482-A;

(2) A permittee-responsible compensatory mitigation proposal that meets the requirements of Env Wt 803 and demonstrates that the requirements of Env-Wt 804, Env-Wt 805, and Env-Wt 806 will be met, as applicable; or

(3) Both of the documents in (1) and (2) if the proposed project includes a combination of in-lieu fee payment and permittee-responsible compensatory mitigation;

(c) Except for projects where the department of transportation is the applicant and at least 30 days but not more than 90 days before submitting the application schedule, attend a pre-application meeting with the department to discuss the proposed project and all applicable requirements and to coordinate the review of the compensatory mitigation proposal;

(d) Bring all information collected or otherwise prepared pursuant to Env-Wt 311.01 and (a)-(c), above, as well as a narrative description of how avoidance and minimization and functional assessment have been addressed to the meeting required by (d), above; and

(e) Provide the following information to the department at or prior to the meeting, as applicable to the type of compensatory mitigation proposed:

(1) The location of the proposed project site and whether the project is located in any area designated in the WAP as highest-ranked habitat based on ecological conditions;

(2) If the impact is to wetland resources, the wetland classification as identified on the national wetland inventory maps available from the New Hampshire statewide geographic information system clearinghouse, NH GRANIT, accessible at http://www.granit.unh.edu/;

(3) The location of the proposed mitigation project, including whether the project is located in any area designated in the WAP as highest quality habitat in the state or biological region;

(4) The type of compensatory mitigation proposed;

(5) Ground-level photographs of the wetlands, surface waters, and other jurisdictional areas where the work is proposed as well as aerial photographs of the proposed project site, compensatory mitigation site, and surrounding areas;

(6) Division of historic resources information regarding the compensatory mitigation site;

(7) A brief narrative explaining the project impacts and how the proposed compensatory mitigation will offset the loss of functions and values of the wetlands that would be impacted by the project for which the permit is sought;

(8) An estimated date for submitting a complete compensatory mitigation proposal; and

(9) Information, compensatory mitigation plans, and concepts discussed with the local conservation commission.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 311.03 Applications for Standard Permits {#sec-env-wt-311.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.03}

(a) To apply for a standard permit, the applicant shall submit a complete application package, as specified in (b), below, in accordance with RSA 482-A:3, I(a)(1).

(b) A complete application package for a standard permit shall include the following:

(1) A completed standard permit application as specified in Env-Wt 311.04, dated, signed, and certified as specified in Env-Wt 311.11;

(2) The correct fee, determined as specified in RSA 482-A:3, I(b) or (c), as applicable, subject to any cap established by RSA 482-A:3, X;

(3) The results of the actions required by Env-Wt 311.01(a)-(c);

(4) The project plans described in Env-Wt 311.05;

(5) The maps, or electronic shape files and meta data, and other attachments specified in Env-Wt 311.06;

(6) An explanation of how the avoidance and minimization requirements of Env-Wt 313.03 have been met, as specified in Env-Wt 311.07, unless the project is limited to non-tidal shoreline structures that comply with the avoidance and minimization guidelines included in chapter 12 of the A/M BMPs, available as noted in Appendix B, specifically only for shoreline structure placement relative to vegetated wetlands and bank access locations relative to the shoreland waterfront buffer and applicable design and construction requirements of Env-Wt 500;

(7) An explanation as to methods, timing, and manner as to how the project will meet standard permit conditions specified in Env-Wt 307;

(8) If applicable, the information regarding proposed compensatory mitigation specified in Env-Wt 311.08;

(9) Any additional information specific to the type of resource as specified in Env-Wt 311.09;

(10) For minor and major projects, a functional assessment of all wetlands on the project site as specified in Env-Wt 311.10, unless the project is limited to non-tidal shoreline structures that comply with the avoidance and minimization guidelines included in chapter 12 of the A/M BMPs, available as noted in Appendix B, specifically only for shoreline structure placement relative to vegetated wetlands and bank access locations relative to the shoreland waterfront buffer and applicable design and construction requirements of Env-Wt 500;

(11) Any additional project-specific information required by Env-Wt 500, Env-Wt 600, or Env-Wt 900, as applicable;

(12) A list containing the name, mailing address, and tax map/lot number(s)of each abutter to the subject property; and

(13) Copies of certified postal receipts or other proof of receipt of the notices that are required by RSA 482-A:3, I(e).

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 311.04 Application Information {#sec-env-wt-311.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.04}

The applicant shall complete and submit Form NHDES-W-06-012, “Standard Dredge and Fill Wetlands Permit Application”, dated January 2026 that has been signed and certified as specified in Env-Wt 311.11.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 311.05 Required Project Plans {#sec-env-wt-311.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.05}

(a) The applicant shall provide the following information on one or more plan sheets that conform to (c), below:

(1) The name of the applicant;

(2) Except for the department of transportation, if the applicant has not yet acquired an enforceable proprietary interest in the property, the name of each owner of the subject property as of the date the application is prepared;

(3) The tax map, block, unit, and lot number of each parcel in the subject property;

(4) The date each plan was originally prepared and the date of each revision, if any;

(5) The name and professional license number of the individual responsible for each portion of the plan, such as the wetland delineation, the survey, and the engineering where licensed or certified;

(6) An overview of the subject property and proposed impact areas in relation to property lines;

(7) All existing and proposed easement boundaries, including drainage and maintenance access easements, in relation to the property lines of the subject property;

(8) For department of transportation applications of over 400 linear feet, roadway stations shown every 100 feet;

(9) Any impacts proposed to a right-of-way over another’s land;

(10) The footprint and vertical dimensions of each existing structure, each proposed structure, and all other relevant features necessary to clearly define the project;

(11) A labeled north-pointing arrow that points true or magnetic north to indicate orientation;

(12) A legend that clearly identifies all symbols, line types, and shading used on the plan;

(13) The location of jurisdictional areas delineated in accordance with Env-Wt 406, and whether any have been designated as prime wetlands in accordance with RSA 482-A:15;

(14) Except for the department of transportation, the name and professional license number of the individual responsible for the delineation of jurisdictional areas, including but not limited to wetlands, streams, and vernal pools on the property, if other than the individual identified as being responsible for the plan pursuant to (5), above;

(15) All shorelines and surface waters on or within 250 feet of the nearest impact area and, if applicable, all coastal features as described in Env-Wt 603 including but not limited to all sand dunes and all areas within 100 feet of the highest observable tideline;

(16) The location of the 100-year floodplain, if on or within 100 feet of the subject property;

(17) If the topography of the subject property is to be permanently altered, existing and proposed final contours at intervals not greater than 2 feet in all areas to be disturbed and within 250 feet thereof on the subject property, and a reference elevation referenced to the North American Datum of 1983 (NAD 83) or its successor;

(18) Labeled and lightly shaded or stippled areas indicating limits of all temporary and permanent impacts in jurisdictional areas;

(19) Proposed methods of erosion, siltation, sedimentation, and turbidity control and management, indicated graphically and labeled with the type of control and the contractor responsible for monitoring the controls if known at the time of the application;

(20) If the project proposes the subdivision of land, the location of all proposed lot lines on one or more plans stamped by a land surveyor licensed pursuant to RSA 310-A;

(21) If the project involves construction of vegetative stabilization, bioengineering, rip-rap slope, retaining wall, or other bank stabilization structure, the information required by Env-Wt 514 or Env-Wt 600, as applicable; and

(22) All information necessary to clearly delineate and describe the project, including any project-specific information specified in Env-Wt 500 or Env-Wt 600, as applicable.

(b) Plans depicting wetland boundaries that are submitted with an application for a standard permit shall:

(1) Show the location and number of the individual wetland boundary flags or other markings, as located by survey or by GPS;

(2) If prepared by a certified wetland scientist, be stamped by the certified wetland scientist who prepared the plan(s) or who oversaw the wetland boundary delineation if done by an apprentice or an associate who is not a certified wetland scientist;

(3) If not prepared by a certified wetland scientist, be accompanied by a report that includes an existing conditions plan that has been prepared and stamped by a certified wetland scientist;

(4) If prepared by a homeowner acting on his or her own behalf for the development of the homeowner’s primary residence, be signed by the homeowner in accordance with Env-Wt 311.11;

(5) Include notes that specify:

a. The date(s) on which the wetlands delineation was performed; and

b. The method of delineation; and

(6) Be accompanied by:

a. A report of existing conditions, if the jurisdictional areas have not been disturbed; or

b. US Army Corps of Engineers data sheets, if disturbed conditions exist.

(1) Include a title block in the lower right-hand corner that contains:

a. The information specified in (a)(1)-(4), above; and

b. The scale of the plan as specified in (3), below, with a graphical scale bar;

(2) Be on white paper that is either 8.5 x 11 inches, 11 x 17 inches, or 22 x 34 inches;

(3) Be at a scale of one inch equals 100 feet for subdivisions, otherwise at a scale of one inch equals 400 feet or a scale that provides greater detail;

(4) Be numbered consecutively and include an index sheet if more than one sheet; and

(5) If on paper that is larger than 8.5 x 11 inches, be folded as close to that size as possible with the title block facing up.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 311.06 Maps and Other Attachments {#sec-env-wt-311.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.06}

The applicant shall submit the following with the completed application form required in Env-Wt 311.04:

(a) A copy of a town tax map showing the subject property, the location of the project on the property, and the location of properties of abutters with each lot labeled with the name and mailing address of the abutter;

(b) Dated and labeled color photographs that:

(1) Clearly depict:

a. All jurisdictional areas, including but not limited to portions of wetland, shoreline, or surface water where impacts have or are proposed to occur; and

b. All existing shoreline structures; and

(2) Are mounted or printed no more than 2 per sheet on 8.5 x 11 inch sheets;

(c) A copy of the appropriate USGS map or updated data based on LiDAR at a scale of one inch equals 2,000 feet showing the location of the subject property and proposed project;

(d) A narrative that describes the work sequence, including pre-construction through post-construction, and the relative timing and progression of all work;

(e) For all projects in the protected tidal zone, a copy of the recorded deed with book and page numbers for the property;

(f) If the applicant is not the owner in fee of the subject property, documentation of the applicant’s legal interest in the subject property, provided that for utility projects in a utility corridor, such documentation may comprise a list that:

(1) Identifies the county registry of deeds and book and page numbers of all of the easements or other recorded instruments that provide the necessary legal interest; and

(2) Has been certified as complete and accurate by a knowledgeable representative of the applicant;

(g) The DataCheck Tool results containing the identification number from the department as well as any ecological review requests made to the department pursuant to Env-C 800, communications and information related to the requested ecological review, and the results of the ecological review pursuant to Env-C 800;

(h) A statement of whether the applicant has received comments from the local conservation commission and, if so, how the applicant has addressed the comments;

(i) For projects in LAC jurisdiction, a statement of whether the applicant has received comments from the LAC and, if so, how the applicant has addressed the comments; and

(j) If the applicant is also seeking to be covered by the state general permits, a statement of whether comments have been received from any federal agency and, if so, how the applicant has addressed the comments.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 311.07 Demonstration of Avoidance and Minimization {#sec-env-wt-311.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.07}

(a) Subject to (c), below, the applicant shall submit with the application a written narrative that explains how all impacts to functions and values of all jurisdictional areas have been avoided and minimized to the maximum extent practicable, as required by Env-Wt 313.03.

(b) The explanation required by (a), above, shall include the following:

(1) Whether the primary purpose of the proposed project is to construct a water access structure or requires access through wetlands to reach a buildable lot or portion thereof;

(2) Except as provided in any project-specific criteria and except for any NHDOT project that qualifies for a categorical exclusion under the National Environmental Policy Act (NEPA) or that would qualify for a categorical exclusion if NEPA applied, for any project that proposes new permanent impacts of more than one acre or that proposes new permanent impacts to a PRA, or both, whether any other properties reasonably available to the applicant, whether already owned or controlled by the applicant or not, could be used to achieve the project’s purpose without altering the functions and values of any jurisdictional area, in particular wetlands, streams, and PRAs;

(3) Whether alternative designs or techniques, such as different layouts, different construction sequencing, or alternative technologies could be used to avoid impacts to jurisdictional areas or their functions and values as described in the A/M BMPs, available as noted in Appendix B; and

(4) Except for projects solely limited to construction or modification of non-tidal shoreline structures, which shall be subject to criteria in Env-Wt 313.03(c), how the project conforms to Env-Wt 311.10(c).

(c) In lieu of a written narrative, the applicant may submit a completed “Avoidance and Minimization Checklist” dated May 2020, NHDES W-06-050.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19 (formerly Env-Wt 309.07); amd by #12976, eff 1-22-20; ss by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 311.08 Required Information for Projects with Compensatory Mitigation {#sec-env-wt-311.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.08}

For any project for which compensatory mitigation is required, the applicant shall submit the following as part of the application:

(a) The type of compensatory mitigation to be proposed by the applicant and, if permittee-responsible mitigation will be proposed, the following preliminary information:

(1) If preservation of an upland buffer is being proposed as compensatory mitigation:

a. A baseline documentation report that describes current property conditions and includes color photographs that have been taken in the absence of snow cover that clearly and accurately show the nature and condition of the buffer area; and

b. A summary of the conservation values and goals for the proposed preservation area that will be incorporated into the final conservation easement;

(2) If wetland restoration, enhancement, or creation is being proposed as compensatory mitigation, a plan noting the location of the project and a summary of the proposed measures to achieve wetland restoration, enhancement, or creation; and

(3) If restoration or enhancement of a stream is being proposed as compensatory mitigation, a plan showing the location of the project and a summary of the proposed measures to achieve stream restoration or enhancement; or

(b) A complete compensatory mitigation proposal as specified in Env-Wt 312.04.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 311.09 Required Resource-Specific Information {#sec-env-wt-311.09 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.09}

(a) For projects in tidal areas, the applicant also shall submit the project-specific information required by Env-Wt 600, including but not limited to the datum and jurisdictional limits specified therein.

(b) For projects affecting non-tidal surface water shoreline, the applicant also shall submit the following:

(1) The general shape of the shoreline including the length of frontage and the normal high water elevation;

(2) The footprint of all existing and proposed structures within jurisdiction on the subject property;

(3) The intended use of each proposed structure; and

(4) The distance from existing and proposed work to abutting property lines and the location of boat slips relative to the imaginary extension of property lines over public waters where applicable pursuant to RSA 482-A:3, XIII.

(c) If the applicant leases the property from the state pursuant to RSA 228:57-a or RSA 4:39-d, the applicant shall also:

(1) Provide a copy of the lease to the department with the application;

(2) Inform the department of any changes in the status of the lease, and whether such changes occur while the application is pending or after a permit has been issued; and

(3) If the lease does not explicitly state that the applicant may place structures on the leased property, the applicant shall provide written authorization for placement of the proposed structure from the agency leasing the property.

(d) For projects within the protected shoreland as defined by RSA 483-B, the applicant also shall provide the following:

(1) The reference line;

(2) The location of all existing structures between the primary building line and the reference line;

(3) The location of all proposed structures;

(4) For projects adjacent to tidal waters, the landward limit of the 100-foot tidal buffer zone; and

(5) The total jurisdictional area within the protected shoreland to be impacted as a result of the project.

(e) For all stream crossing projects, the applicant also shall submit the information specified in Env‑Wt 903.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 311.10 Functional Assessment {#sec-env-wt-311.10 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.10}

(a) Subject to (d) and (e), below, the functional assessment required by Env-Wt 311.03(b)(10) for minor or major projects impacting non-tidal wetlands, vernal pools, and watercourses shall be:

(1) Performed by a certified wetland scientist; and

(2) Completed using one of the following methods:

a. US ACE Highway Methodology Workbook, dated 1993, together with the US ACE New England District Highway Method Workbook Supplement, dated 1999, both available as noted in Appendix B; or

b. An alternative scientifically-supported method with cited reference and the reasons for the alternative method substantiated.

(b) The functional assessment required by Env-Wt 311.03(b)(10) for minor or major projects impacting tidal areas shall be:

(1) Performed by a qualified coastal professional as defined in Env-Wt 602; and

(2) Completed as specified in Env-Wt 600.

(1) Use the results of the functional assessment to select the location of the proposed project having the least impact to wetlands functions;

(2) Design the proposed project to have the least impact to wetlands functions;

(3) Where impact to wetland functions is unavoidable, limit the project impacts to the least valuable functions on the site while avoiding and minimizing impacts to the highest and most valuable functions; and

(4) Include on-site minimization measures and construction management practices to protect aquatic resource functions.

(d) For minor or major projects requiring a standard permit without mitigation, the applicant shall submit a wetland evaluation report that includes completed checklists and information demonstrating the relative functions and values of each wetland evaluated.

(e) For a shoreline structure over inland surface waters that are not vegetated wetlands, in lieu of (a) through(d), above, the applicant shall submit a statement describing how the project’s design meets applicable project-specific rules for the proposed shoreline structure and its proposed location.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 311.11 Required Signatures and Certifications {#sec-env-wt-311.11 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.11}

Any notice, registration, or application required to be filed under this chapter shall be signed, dated, and certified as follows:

(a) If the applicant is an individual, the applicant shall sign and date the application;

(b) If the applicant is an organization or other legal entity, the official of the applicant who has been authorized to sign the application shall sign and date the application and print or type their name and title on the application;

(c) If the applicant has an authorized agent, the authorized agent also shall sign and date the application and print or type their name and title on the application;

(d) As of December 24, 2019, if the applicant is not the owner of the property, each property owner also shall sign and date the application provided that property owner signatures shall not be required for transportation projects adjacent to existing rights-of-way where an easement will be obtained prior to the start of construction nor for applications for SMMD;

(e) Each signature provided pursuant to (a)-(c), above, shall constitute certification by the signer that:

(1) To the best of the signer’s knowledge and belief, all required notifications have been provided;

(2) The information submitted on or with the application is true, complete, and not misleading to the best of the signer’s knowledge and belief; and

(3) The signer understands that the submission of false, incomplete, or misleading information constitutes grounds for the department to:

a. Deny the application;

b. Revoke any approval that is granted based on the information; and

c. If the signer is a certified wetland scientist, licensed surveyor, or professional engineer licensed to practice in New Hampshire, refer the matter to the office of professional licensure and certification established by RSA 310;

(f) As of December 24, 2019, each signature provided pursuant to (d), above, shall constitute certification by the signer that they are aware of the application being filed and does not object to the filing.

History

#12803, eff 12-15-19; amd by #12924, eff 12-24-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 311.12 After-the-Fact Applications {#sec-env-wt-311.12 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.12}

(a) In addition to a complete application package as specified in Env-Wt 311.03, an after-the-fact application shall include the following:

(1) A current conditions plan that clearly identifies all disturbances and construction performed without a permit, delineated as specified in chapter 5 of the US ACE Regional Supplement, available as noted in Appendix B;

(2) Copies of aerial photographs and other information to document the basis for the delineation;

(3) A restoration plan for all impacted jurisdictional areas to be restored, prepared by a licensed professional, with a wetland delineation stamped by a certified wetland scientist;

(4) A monitoring plan designed to ensure that the restoration is successful; and

(5) An explanation as to why work was performed prior to having a permit.

(b) Applications received after work is completed shall be subjected to the same technical review and criteria as any other standard application.

(c) The department’s acceptance of an after-the-fact application shall not in any way preclude or limit the exercise of any enforcement authority conferred by law on the department, the attorney general, or any other federal, state, or local authority.

(d) Subject to (e), below, the department shall process an after-the-fact application in accordance with Env-Wt 312 within 50 days of receiving an administratively complete after-the-fact application, including necessary attachments, for a project having less than one acre of impact and within 75 days for larger projects.

(e) The time limits in (d), above, shall not apply if:

(1) The project is the subject of an ongoing enforcement investigation, enforcement action, or department of justice case, in which case the timeframe of the ongoing action shall take precedence; or

(2) The application requires additional information or requires the department to perform a field inspection of the project, in which case the department shall make its decision on the application within 60 days of the receipt of the additional information or completion of the field inspection, as applicable.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 311.13 Amendments to Applications {#sec-env-wt-311.13 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.13}

(a) Subject to (b), below, an applicant may revise a proposed project by submitting, on or with an Amendment Request Form For Wetlands Application or Permit, NHDES W-06-081, dated May 2020, the information required by Env-Wt 311.03 to amend the application for the project prior to the department’s issuance of a final decision on the application. The applicant shall provide notice to each person to whom notice of the original application was sent prior to filing the amended application with the department.

(b) If the proposed change constitutes a “significant amendment” as provided in RSA 482-A:3, XIV(e), reprinted in Appendix C, the applicant shall file a new application, not an amendment to an existing application.

(c) The department shall process the request in accordance with Env-Wt 312 within 30 days of receiving an administratively complete Amendment Request Form For Wetlands Application or Permit, including required attachments, unless:

(1) The request includes a new mitigation proposal, in which case the processing time shall be 50 days; or

(2) The request is for a project that proposes an acre or more of impact, in which case the processing time shall be 75 days.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20

Part Env-Wt 312 Standard Permit Application Processing and Review

N.H. Code Admin. R. Ann. Env-Wt 312.01 Identification of Applications; Retention of Files {#sec-env-wt-312.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 312.01}

(a) Upon receipt of an application, the department shall assign a file number.

(b) The department shall maintain a file on each application.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 312.02 Administrative Completeness Determination {#sec-env-wt-312.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 312.02}

(a) Upon receipt of an application, the department shall:

(1) Determine whether the application is administratively complete; and

(2) Proceed in accordance with RSA 482-A:3, XIV(a)(1), as reprinted in Appendix C.

(b) An application shall be determined to be administratively complete if:

(1) The application form required by Env-Wt 311.03(b)(1) is complete and signed as required;

(2) The correct fee is submitted with the application;

(3) The application package contains all information, plans, maps, and other attachments required by Env-Wt 311.03(b)(3)-(13), as applicable; and

(4) The application package contains compensatory mitigation plans as required in Env-Wt 312.03 and Env-Wt 312.04.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 312.03 Completeness Determination of Compensatory Mitigation Proposals {#sec-env-wt-312.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 312.03}

(a) If the applicant submits preliminary information pursuant to Env-Wt 311.08(a), the department shall review the information to determine whether the information is sufficient for the department to understand the nature and appropriateness of the proposed mitigation.

(b) If the applicant submits a complete mitigation proposal pursuant to Env-Wt 311.08(b) and Env-Wt 312.04, the department shall review the information to ensure the minimum necessary compensatory mitigation components are included for technical review of the project and shall be subject to the statutory requirements under RSA 482-A.

(c) The department shall notify the applicant in writing of its determination under (a) or (b), above, as applicable. If the information does not meet the standard specified in (a) or (b), above, as applicable, the written notice shall specify the reason(s).

History

#12803, eff 12-15-19; amd by #12976, eff 1-22-20

N.H. Code Admin. R. Ann. Env-Wt 312.04 Complete Mitigation Proposal Components {#sec-env-wt-312.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 312.04}

The applicant shall provide the following information in order for a compensatory mitigation proposal to be deemed an administratively complete mitigation proposal:

(a) An explanation supporting the type of mitigation proposed pursuant to Env-Wt 801.03;

(b) Where preservation of an upland buffer is being proposed, information showing that the proposal meets the criteria specified in Env-Wt 804 together with the following:

(1) A baseline documentation report that describes current property conditions and includes color photographs that have been taken in the absence of snow cover that clearly and accurately show the nature and condition of the buffer area;

(2) A copy of the proposed conservation easement language or language noting conveyance of fee simple ownership which protects the conservation values in perpetuity, in accordance with Env-Wt 808.14;

(3) A surveyed plan, in accordance with Env-Wt 808.11, showing the location of the proposed conservation area boundaries; and

(4) A statement from the landowner or prospective seller that it is willing to transfer the property, and proposed grantee indicating that the proposed grantee will accept the easement or fee simple deed;

(c) For any proposal calling for a transfer of easements or fee simple ownership, documentation showing that the proposed grantee is one of the following:

(1) A state natural resource agency such as NHF&G or NH DNCR;

(2) A municipality with a conservation commission in the town where the property is located;

(3) A conservation organization such as a state-wide, regional, or local conservation organization that can provide documentation from the United States Internal Revenue Service stating that it is an income tax-exempt, publicly supported corporation, pursuant to 501(c)(3) of the United States Internal Revenue Code; or

(4) A local river management advisory committee as established by RSA 483:8-a, authorized to accept and expend funds under RSA 483:13, that has tax exempt status pursuant to US Internal Revenue Code Section 170(a)(1);

(d) For any proposal calling for a transfer of easements or fee simple ownership to a conservation organization, documentation such as minutes of the meeting at which the standards and practices were adopted showing that the conservation organization has:

(1) Accepted the Land Trust Alliance (LTA) standards and practices as specified in the “Land Trust Standards and Practices: Ethical and Technical Guidelines for the Responsible Operation of a Land Trust”, published by the Land Trust Alliance, dated 2017, available as noted in Appendix B; or

(2) A record of holding easements and managing them in a manner that is consistent with the purposes of the easements;

(e) Where restoration, enhancement, or creation is being proposed as compensatory mitigation, information showing that the proposal meets the criteria specified in Env-Wt 805 or Env-Wt 806, as applicable, together with all required plans and proposals; and

(f) If an applicant is proposing an in-lieu fee payment, the information required by Env-Wt 803 and a preliminary estimate of the in-lieu mitigation payment.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 312.05 Technical Review {#sec-env-wt-312.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 312.05}

(a) Once an application has been determined to be administratively complete, the department shall proceed with its technical review of the application as specified in RSA 482-A:3, XIV(a)(2)-(5), reprinted in Appendix C.

(b) If the information submitted as part of the application is not sufficient for the department to determine that the criteria for issuing a permit specified in Env-Wt 313.01 are met, the department shall send a request for more information (RMI) to the applicant as authorized by RSA 482-A:3, XIV(a)(2).

(c) As stated in RSA 482-A:3, XIV(a)(2), “any request for additional information under this subparagraph shall specify that the applicant submit such information as soon as practicable and shall notify the applicant that if the requested information is not received within 60 days of the request, the department shall deny the application.”

(d) As provided in RSA 482-A:3, XIV(a)(2), an applicant may request additional time to respond to an RMI and the department shall grant the request. An applicant shall submit a request for additional time to the department in writing by identifying the application by file number and communicating the date by which the information will be provided.

(e) If the department is unable to review an application within the time limits specified in RSA 482-A:3, XIV(a)(3) or (4), as applicable, the department shall ask the applicant to agree to an extension of time. If the applicant agrees to extend the time, the applicant and the department shall sign an extension agreement that identifies the deadline for department action.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 312.06 Permits by Default {#sec-env-wt-312.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 312.06}

(a) As stated in RSA 482-A:3, XIV(b)(1), “[i]f the department fails to act within the applicable time frame established in subparagraphs (a)(3), (a)(4), and (a)(5), the applicant may ask the department to issue the permit by submitting a written request. If the applicant has previously agreed to accept communications from the department by electronic means, a request submitted electronically by the applicant shall constitute a written request.”

(b) As provided in RSA 482-A:3, XIV(b)(2), within 14 days of the date of receipt of a written request from the applicant to issue the permit, the department shall:

(1) Approve the application, in whole or in part, and issue a permit; or

(2) Deny the application and issue written findings in support of the denial.

(c) As provided in RSA 482-A:3, XIV(b)(3), if the department does not issue either a permit or a written denial within the 14-day period, the applicant shall be deemed to have a permit by default and may proceed with the project as presented in the application.

(d) As provided in RSA 482-A:3, XIV(b)(3), a permit by default shall not relieve the applicant of complying with all requirements applicable to the project, including but not limited to requirements established in or under RSA 482-A, RSA 485-A relating to water quality, and federal requirements.

(e) As provided in RSA 482-A:3, XIV(b)(4), upon receipt of a written request from an applicant, the department shall issue written confirmation that the applicant has a permit by default pursuant to RSA 482-A:3, XIV(b)(3), which authorizes the applicant to proceed with the project as presented in the application and requires the work to comply with all requirements applicable to the project, including but not limited to requirements established in or under RSA 482-A and RSA 485-A relating to water quality, and federal requirements.

History

#13124, eff 10-23-20

Part Env-Wt 313 Procedures and Criteria for Standard Permit Decisions

N.H. Code Admin. R. Ann. Env-Wt 313.01 Criteria for Approving Standard Permit Applications {#sec-env-wt-313.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 313.01}

(a) The department shall not approve an application for a standard permit and issue a permit unless:

(1) The applicant has:

a. Met the requirements of Env-Wt 311.10 regarding functional assessments;

b. Met the avoidance and minimization requirements specified in Env-Wt 313.03, subject to (c), below; and

c. Submitted a proposal for compensatory mitigation that meets the requirements of Env-Wt 800 for all permanent impacts that will remain after avoidance and minimization as described in a. and b., above, unless not required under Env-Wt 313.04;

(2) All applicable conditions specified in Env-Wt 307 have been met;

(3) All resource-specific criteria established in Env-Wt 311.09, Env-Wt 400, Env-Wt 500, Env-Wt 600, Env-Wt 700, or Env-Wt 900 have been met;

(4) All project-specific criteria established in Env-Wt 500, Env-Wt 600, or Env-Wt 900 have been met; and

(5) As required by RSA 482-A:11, II for a permit to dredge or fill, the work will not “infringe on the property rights or unreasonably affect the value or enjoyment of property of abutting owners” based on documentation that the proposed dredge and fill activity will:

a. Be located entirely within the boundary of the applicant’s property interest; and

b. Not result in any observable change in off-site surface water levels or flows.

(b) Unless a waiver is granted under Env-Wt 203, the department shall not grant a permit if the project proposes to place fill in a jurisdictional area to achieve a set-back established in Env-Wq 1000 or in local ordinance between the jurisdictional area and the effluent disposal area of an individual sewage disposal system.

(1) There is a practicable alternative that would have a less adverse impact on the area and environments under the department’s jurisdiction;

(2) The project will cause random or unnecessary destruction of wetlands; or

(3) The project would cause or contribute to:

a. The significant degradation of waters of the state; or

b. The loss of any PRAs.

(d) The department shall deny an application if it is unable to determine that the criteria for issuing a permit as stated in (a), above, have been met.

(e) If the application is denied, the department shall notify the applicant in writing of the denial and identify the reason(s) for the denial.

History

#12803, eff 12-15-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 313.02 Permit Issuance; Permit Conditions {#sec-env-wt-313.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 313.02}

(a) Subject to (b), below, if an application for a standard permit is approved, the department shall issue the permit to the named applicant provided the named applicant has an enforceable proprietary interest in the property.

(b) If the application is for a major project located in a great pond or public-owned water body, the department shall:

(1) Submit the proposed permit to the governor and executive council as required by RSA 482-A:3, II(a); and

(2) Proceed as directed in RSA 482-A:3, II(b) after such review.

(c) The issued permit shall include such conditions in the permit, including but not limited to time limits, as are required to ensure that the project’s impacts are minimized.

(d) The conditions in the permit shall apply in addition to the applicable conditions in Env-Wt 307.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 313.03 Avoidance and Minimization {#sec-env-wt-313.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 313.03}

(a) The department shall not approve any alteration of any jurisdictional area unless the applicant demonstrates that the potential impacts to jurisdictional areas have been avoided to the maximum extent practicable and that any unavoidable impacts have been minimized, as described in A/M BMPs, available as noted in Appendix B.

(b) For any major or minor project, exclusive of non-tidal shoreline structures that are subject to (c), below, the applicant shall demonstrate specifically that:

(1) There is no practicable alternative that would have a less adverse impact on the area and environments under the department’s jurisdiction;

(2) The project avoids and minimizes impacts to tidal marshes and non-tidal marshes where documented to provide sources of nutrients for finfish, crustacea, shellfish, and wildlife of significant value;

(3) The project maintains hydrologic connections between adjacent wetlands or stream systems;

(4) The project avoids and minimizes impacts to wetlands and other areas of jurisdiction under RSA 482-A, especially those in which there are exemplary natural communities, vernal pools, protected species and habitat, documented fisheries, or any combination thereof;

(5) The project avoids and minimizes impacts that eliminate, depreciate, or obstruct public commerce, navigation, or recreation;

(6) The project avoids and minimizes impacts to floodplain wetlands that provide flood storage;

(7) The project avoids and minimizes impacts to natural riverine forested wetland systems and scrub-shrub marsh complexes of high ecological integrity;

(8) The project avoids and minimizes impacts to wetlands that would be detrimental to adjacent drinking water supply and groundwater aquifer levels; and

(9) The project avoids and minimizes adverse impacts to stream channels and the ability of such channels to handle runoff of waters.

(c) For any major or minor project involving the construction or modification of non-tidal shoreline structures over areas of surface waters having an absence of wetland vegetation, the applicant shall demonstrate specifically that:

(1) The structures have been designed to use the minimum construction surface area over surface waters necessary to meet the stated purpose of the structures:

(2) The type of construction proposed is the least intrusive upon the public trust that will ensure safe navigation and docking on the frontage;

(3) The structures have been designed to avoid and minimize impacts on ability of abutting owners to use and enjoy their properties;

(4) The structures have been designed to avoid and minimize impacts to the public’s right to navigation, passage, and use of the resource for commerce and recreation;

(5) The structures have been designed, located, and configured to avoid impacts to water quality, aquatic vegetation, and wildlife and finfish habitat; and

(6) The structures have been designed to avoid and minimize the removal of vegetation, the number of access points through wetlands or over the bank, and activities that may have an adverse effect on shoreline stability.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 313.04 When Compensatory Mitigation is Required {#sec-env-wt-313.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 313.04}

(a) Compensatory mitigation shall be required for all impacts to jurisdictional areas, unless there are no proposed permanent impacts to a PRA, and:

(1) The total permanent project impacts to freshwater nontidal wetland is less than 10,000 SF;

(2) The project is limited to the repair of docking structures, or the construction of docking structures, including accessory docking structures, that will result in an increased permanent footprint on the frontage of less than 2000 SF;

(3) The total of new permanent bank and channel impacts is less that 200 linear feet as measured along the watercourse as described in Env-Wt 407.03(c);

(4) The project is the construction of a pond that will impact less that 10,000 SF of non-tidal wetlands, or 20,000 SF of non-tidal wetlands for a proposed wildlife pond;

(5) The project is the modification or replacement of a Tier 1 stream crossing that qualifies for an SPN or LSA, or is classified as minimum or minor projects;

(6) The project is the modification or replacement of a Tier 2 stream crossing that meets the requirements of Env-Wt 904.07, is self-mitigating pursuant to Env-Wt 902.27, or is being repaired, rehabilitated, or replaced pursuant to Env-Wt 904.08; or

(7) The project is the modification or replacement of a Tier 3 or Tier 4 stream crossing that meets the requirements of Env-Wt 904.07, is self-mitigating pursuant to Env-Wt 902.27, or is being repaired, rehabilitated, or replaced pursuant to Env-Wt 904.09.

(b) The following activities shall be exempt from compensatory mitigation:

(1) Bank stabilization using rip-rap or other bank stabilization techniques to protect existing infrastructure such as highways, bridges, dams, or buildings that is intended to remedy a hydraulic deficiency of a stream crossings;

(2) Bank stabilization using bio-engineering methods;

(3) Temporary impacts that are not intended to remain after the project is completed, provided the areas are restored in accordance with provisions shown in the approved project plans;

(4) Wetland restoration or enhancement activities as defined in Env-Wt 104.56, Env-Wt 104.59, and Env-Wt 525;

(5) Stream restoration or enhancement activities as defined in Env-Wt 104.29 and Env-Wt 902.31 and conducted in accordance with Env-Wt 407.04(b) and Env-Wt 525;

(6) Minimum impact maintenance activities such as piling replacement, in-kind structure reconstruction, and sediment displacement from intake structures as described in Env-Wt 516;

(7) Maintenance dredge of a federal navigation project (FNP) that is on an active dredge cycle or maintenance dredge of existing, legal boat slips;

(8) Construction of a tidal docking structure where the combined total of all docking structure surface area on the frontage is less than 2,000 SF;

(9) A project that is exclusively a living shoreline project using non-structural vegetated approaches to hybrid hard structural natural methods that address erosion and inundation in a manner that improves or protects the ecological condition of the coastline or replaces lost tidal marsh functions;

(10) A project that is limited to sand dune replacement or restoration; and

(11) Impacts to developed upland as defined in Env-Wt 602.12.

History

#12803, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23

(a) For the projects listed in (d), below, that require both an EXP or standard permit under RSA 482-A and a shoreland permit under RSA 483-B, the applicant may file the individual permit applications for the project concurrently, with a written request to process the applications together.

(b) As of December 24, 2019, concurrently filing the applications with a request to process the applications together shall constitute:

(1) A waiver by the applicant of the shorter time frame, if application processing timelines are different for each permit program under the 2 statutes and their implementing rules; and

(2) Agreement by the applicant that any request for additional information by the department under either or both statutes shall affect the review timeframe of both applications being processed together.

(c) The department shall concurrently process applications for projects listed in (d), below, that are filed together with a request to process the applications together.

(d) The following projects shall be eligible for the optional process established by this section:

(1) Non-tidal water access structures, provided the applicant has attended a pre-application meeting with the department and the department has determined that:

a. The shoreline and bank were previously modified in such a way that defining the jurisdictional limit under RSA 482-A is difficult;

b. The project proposes significant temporary impacts in protected shorelands for the exclusive purpose of accessing areas that will be impacted by activities subject to RSA 482-A; and

c. The project appears to comply with the applicable requirements of RSA 482-A, the wetlands rules, RSA 483-B, and Env-Wq 1400; and

(2) Projects located within an upland portion of the tidal buffer zone.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

Part Env-Wt 314 Permit Acceptance, Recordation, Duration, Extension, and Transfer; Post-Issuance Requirements

N.H. Code Admin. R. Ann. Env-Wt 314.01 Acceptance of Standard Permit {#sec-env-wt-314.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 314.01}

A standard permit shall:

(a) Be signed by the permittee and the principal contractor who will build or install the project prior to start of construction; and

(b) Not be valid until signed as required by (a), above.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 314.02 Recordation of Certain Permits {#sec-env-wt-314.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 314.02}

(a) As required by RSA 482-A:3, VI:

(1) The permittee shall record, in the registry of deeds for the county or counties in which the real estate is located, each permit granted under RSA 482-A for the installation, construction, or repair of a dock, docking facility, or marina, or for alteration of wetlands associated with a subdivision of 4 or more lots; and

(2) The permit shall not be effective until so recorded.

(b) For projects in the coastal area, the permittee shall record any permit issued for overwater structures, shoreline stabilization, and any work in the tidal buffer zone, tidal wetlands, or sand dunes at the registry of deeds in the county in which the property is located. Any limitations or conditions in the permit so recorded shall run with the land beyond the expiration of the permit.

(c) The permittee shall provide the department with a copy of the permit stamped by the registry with the book and page and date of receipt.

History

#12803, eff 12-15-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 314.03 Notice Required Prior to Initiating Construction {#sec-env-wt-314.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 314.03}

(a) The permittee shall notify the department in writing at least one week prior to commencing any work under the permit.

(b) The project shall be constructed in accordance with the approved plans and specifications.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 314.04 Permit Duration {#sec-env-wt-314.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 314.04}

(a) As specified in RSA 482-A:3, XIV-a(a), a permit shall be valid for 5 years except as specified in (b) through (e), below.

(b) As specified in RSA 482-A:3, XIV-a(b), a permit issued to repair or replace shoreline structures to maintain the integrity and safety of such structures, including but not limited to docks, sea walls, breakwaters, rip-rap, access ramps, and stairs, that are damaged by storms or ice, shall expire 10 years from the date the permit was issued as long as any work performed after the initial permitted work complies with the following:

(1) The work is not in violation of the original permit or RSA 482-A:3, XIV-a(a)(1)-(4);

(2) All structures are repaired or replaced to the original permitted location and configuration; and

(3) All significant work is reported to the department in accordance with the reporting requirements for the original permit.

(c) Public transportation projects that exceed the limits of the US Army Corps General Permit shall receive one permit extension, to a total of 10 years, provided the permittee:

(1) Receives an individual federal permit from the US Army Corps of Engineers; and

(2) Requests such an extension in writing from the department prior to the expiration of the original permit.

(d) As specified in RSA 482-A:3, V(a), a minimum impact forestry SPN submitted as specified in RSA 482-A:3, V shall be valid for 2 years from date of the completeness letter issued by the department.

(e) As specified in RSA 482-A:3, XI, a permit for SMMD issued in accordance with RSA 482-A:3, XI shall expire at the end of the calendar year in which it is issued.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 314.05 Permit Extensions {#sec-env-wt-314.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 314.05}

(a) As specified in RSA 482-A:3, XIV-a(a), a permittee may request an extension of a permit.

(b) To make the request, the permittee shall submit a written request to the department prior to the expiration of the permit.

(1) The length of the requested extension, not to exceed 5 years; and

(2) A statement, signed and certified in accordance with Env-Wt 311.11, that:

a. The permit for which extension is sought has not been revoked or suspended without reinstatement;

b. Extension of the permit would not violate a condition of law or rule;

c. The project is proceeding towards completion in accordance with plans and other documentation referenced by the permit;

d. The applicant proposes reasonable mitigation measures to protect the public waters of the state from deterioration during the period of extension; and

e. The wetland delineation is still valid pursuant to Env-Wt 406.01(b).

(d) As specified in RSA 482-A:3, XIV-a(a), the department shall grant one extension of up to 5 additional years, provided:

(1) The permittee has submitted the request as specified in (b) and (c), above; and

(2) The mitigation measures proposed by the permittee are adequate to protect public waters from deterioration.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 314.06 Permit Transfers {#sec-env-wt-314.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 314.06}

(a) For any project that has not been completed when ownership or legal authority to undertake the project is to be transferred, either the transferor or the transferee may initiate a transfer of the permit.

(b) To effect a transfer, the person initiating the transfer shall submit a written request to the department that contains:

(1) The name, mailing address, and daytime telephone number including area code of the transferee and, if available, an e-mail address for the transferee;

(2) The name and other identifying information of the transferor as shown on the permit;

(3) The permit number and date; and

(4) The date on which the transfer is expected to occur or did occur.

(c) Subject to (d), below, the request submitted pursuant to (b), above, shall be signed and certified by the transferor and the transferee.

(d) If the transferor is no longer available to sign the request, the transferee shall submit a copy of the legal documentation that effected the transfer.

(e) The department shall transfer the permit within 5 working days after receipt of a request as specified in (b), above, unless:

(1) An enforcement action is pending against the transferor or transferee, unless transferring the permit would facilitate a resolution of the action; or

(2) The department has a reasonable basis to believe that grounds exist to suspend or revoke the permit due to non-compliance with the permit terms, unless transferring the permit would facilitate compliance.

(f) If the transfer is approved, the new permittee shall be advised of all conditions, limitations, and special considerations pertinent to the approved project.

(g) The department shall submit to the governor and executive council any request for the transfer of a permit for a major project that involves structures in great ponds or public-owned water bodies in the manner prescribed for permits under RSA 482-A:3, II.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 314.07 Permit Amendments {#sec-env-wt-314.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 314.07}

(a) Subject to (b), below, a permittee may request an amendment to an issued permit by submitting the information required to be filed in the original permit application. The applicant shall provide notice to all who received notice of the original application prior to filing the amended application with the department.

(b) If the proposed change constitutes a “significant amendment” as provided in RSA 482-A:3, XIV(e), the applicant shall file a new application, not an amendment to an existing permit.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 314.08 Notice of Completion and Certificate of Compliance Required {#sec-env-wt-314.08 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 314.08}

(a) The permittee shall file a completed notice of completion and certificate of compliance with the department within 10 working days of completing the work authorized by the permit.

(b) The notice of completion and certificate of compliance shall:

(1) Identify the permit number and the date of permit issuance;

(2) Specify the date the work was completed;

(3) Be signed and certified by the permittee as specified in Env-Wt 311.11; and

(4) For projects other than forestry projects, provide photos showing resource impact areas upon completion.

(c) In addition to the certifications in Env-Wt 311.11, the permittee’s signature shall constitute certification that the project was completed in compliance with all conditions of the permit.

History

#12803, eff 12-15-19

Part Env-Wt 315 Procedures to Address Emergencies

N.H. Code Admin. R. Ann. Env-Wt 315.01 Definition {#sec-env-wt-315.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 315.01}

For purposes of this part, “public agency” means a federal or state agency or a municipal public works department that is responsible for maintaining public infrastructure.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 315.02 Emergency Authorizations for Private Property {#sec-env-wt-315.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 315.02}

(a) A property owner may request an authorization to act on an emergency basis prior to filing an application under Env-Wt 310 or Env-Wt 311 if:

(1) A threat to public safety or public health exists or significant damage to private property is imminent as a result of an occurrence beyond the control of the property owner, such as a natural disaster;

(2) The request for the emergency authorization is made within 2 weeks of discovering the need for the emergency authorization;

(3) The emergency work shall be completed within 30 days, or 60 days for emergencies requiring approval from the department’s waste management division; and

(4) Work covered by the emergency authorization is limited to that specified in (e), below.

(b) The property owner or property owner’s agent shall request an emergency authorization by providing the following information to the department by telephone, e-mail, or fax:

(1) The name of the property owner and the address of the property where the emergency work will be done;

(2) The name and daytime telephone number including area code of the individual requesting the authorization, and, if available, an e-mail address and fax number for that individual;

(3) A description of the reason the emergency authorization is being requested;

(4) A list of structures proposed to be repaired or otherwise stabilized; and

(5) A description of the work to be performed and a schedule for the work.

(c) If a request is made by telephone, the property owner or property owner’s agent shall provide the information required by (b), above, by e-mail or fax as soon as possible but no later than 24 hours after the initial request.

(d) The department shall issue an emergency authorization requested as specified in (a)-(c), above, no later than 3 working days after receipt of the written request when necessary to mitigate an immediate threat to public health or safety or to private property.

(e) The work done pursuant to an emergency authorization shall be limited to stabilization of the site or other mitigation of the immediate threat that does not create any new permanent impacts to any PRA or vernal pools.

(f) If any work performed pursuant to an emergency authorization under this section results in new permanent impacts to any PRA or vernal pool or exceeds work that is necessary to abate the emergency, then:

(1) The work shall be deemed to be unpermitted activities as specified in Env-Wt 307.17; and

(2) The property owner shall file an after-the-fact standard application for all work done.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 315.03 Emergency Authorizations for Repairs to Public Infrastructure {#sec-env-wt-315.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 315.03}

(a) A public agency may request an authorization to repair public infrastructure on an emergency basis without first filing a notification under Env-Wt 308.04(d), a registration under Env-Wt 309.03, or an application under Env-Wt 311 if:

(1) A threat to public safety exists due to public infrastructure being damaged as a result of a natural disaster or other emergency;

(2) The public agency submits a request for the emergency authorization within 2 working days of discovering the need for the emergency authorization; and

(3) Work covered by the emergency authorization is limited to that described in (e), below.

(b) The public agency shall request an emergency authorization by providing the following information to the department by telephone, e-mail, or fax:

(1) The name of the public agency and the name and daytime telephone number including area code of a contact individual, and, if available, an e-mail address and fax number for that individual;

(2) A description of the reason the emergency authorization is being requested;

(3) Identification of the location and type of infrastructure to be repaired; and

(4) A description of the work to be performed and a schedule for the work.

(c) If a request is made by telephone, the public agency shall provide the information required by (b), above, by e-mail or fax as soon as possible but no later than one working day after the initial request.

(d) The department shall issue an emergency authorization requested as specified in (a)-(c), above, as soon as possible, but in no case later than 3 working days after receipt of the written request.

(e) Subject to (f), below, the work done pursuant to an emergency authorization shall be limited to stabilization of the site or other mitigation of the immediate threat and such work as is necessary to prevent or minimize additional damage to the public infrastructure.

(f) Permanent repairs to public infrastructure may be made by a public agency pursuant to an emergency authorization under this section if:

(1) Repairs to stream crossings meet all applicable requirements of Env-Wt 900;

(2) No permanent impacts to jurisdictional areas occur outside of the footprint of the area already impacted by the infrastructure being repaired unless necessary to comply with Env-Wt 900, provided that channel blockages may be removed so long as the removal minimizes the disturbance of sediments; and

(3) The public agency submits a notification under Env-Wt 308.04(d), a registration under Env-Wt 309.03, or an application under Env-Wt 310 or Env-Wt 311, as applicable, for the completed work within 30 calendar days of completing the work.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19; ss by #13777, eff 10-13-23

N.H. Code Admin. R. Ann. Env-Wt 315.04 Emergency Authorization Tracking, Follow-Up Work {#sec-env-wt-315.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 315.04}

(a) The department shall create a record of each emergency authorization that includes a description of the emergency, the nature and location of the work to be performed, and a schedule for the work.

(b) Where a follow-up standard application or restoration is necessary to perform additional work beyond emergency abatement or to restore altered wetlands, the applicant shall submit a standard application and an as-built plan or restoration plan.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 315.05 Work During Emergencies Without Prior Authorization {#sec-env-wt-315.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 315.05}

(a) Subject to (b), below, work without an SPN, registration, permit, or emergency authorization shall be allowed during a natural disaster if the work is strictly limited to that work necessary to mitigate an immediate threat or stabilize a property.

(b) If work is done pursuant to (a), above, on private property, the owner of the property where such work occurred, or the property owner’s agent, shall report the following information to the department as soon as practicable but no later than 30 days after commencing the work:

(1) The name of the property owner and the address of the property where the emergency work will be done;

(2) The name and daytime telephone number including area code of the individual reporting the information, and, if available, an e-mail address and fax number for that individual;

(3) A description of the need for the work done on an emergency basis; and

(4) A description of what work was done and when the work began and was completed.

(c) If work is done pursuant to (a), above, on public infrastructure, the public agency shall report the following information to the department as soon as practicable but no later than 10 working days after commencing the work:

(1) The name of the public agency and the name and daytime telephone number including area code of a contact individual, and, if available, an e-mail address and fax number for that individual;

(2) An explanation of why the work had to be done without first filing for an SPN, registration, permit, or emergency authorization;

(3) Identification of the location and type of work done on an emergency basis; and

(4) The date when the work began and the date when the work was completed.

History

#12803, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 315.06 Action After Emergency {#sec-env-wt-315.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 315.06}

Any permanent repairs, restoration, or other activities proposed to be conducted after the emergency has ended shall be undertaken pursuant to a statutory exemption, SPN, LSA, EXP, standard permit, or waiver.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 315.07 Authorizations Under Federal Law {#sec-env-wt-315.07 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 315.07}

(a) Nothing in this part shall relieve any person from the obligation to comply with federal law relative to work done on an emergency basis.

(b) The US ACE might require that a separate federal permit be obtained for:

(1) Work that exceeds in-kind maintenance or repairs; and

(2) Activities that exceed those classified as minimum impact.

History

#12803, eff 12-15-19

Part Env-Wt 316 Permit Suspension, Revocation, or Modification

N.H. Code Admin. R. Ann. Env-Wt 316.01 Purpose {#sec-env-wt-316.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 316.01}

The purpose of this part is to establish the criteria and procedures for suspending, revoking, or modifying an approval issued under RSA 482-A or the wetlands rules.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 316.02 Definition {#sec-env-wt-316.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 316.02}

For purposes of this part, “approval” means an SPN, LSA, EXP, standard permit, or waiver, as applicable to the specific situation.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 316.03 Suspension or Revocation of Approvals {#sec-env-wt-316.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 316.03}

(a) The department shall initiate a proceeding to suspend or revoke an approval whenever the department:

(1) Receives credible information that supports a conclusion that the work being done under the approval does not comply with the terms of the approval and all other applicable requirements; and

(2) Concludes that the department’s attempts to obtain compliance by other means have not been successful, subject to (b), below.

(b) If the work being done poses an immediate and substantial threat to the environment or to public health or safety, the department shall not be required to attempt to obtain compliance by other means.

(c) To initiate the proceeding, the department shall notify the owner of the property on which the work is occurring and the person(s) doing the work, if known to the department, in writing of:

(1) The intention to suspend or revoke the approval, as applicable;

(2) The facts on which the proposed action is based; and

(3) The deadline for requesting a hearing to show cause why the proposed action should not be taken.

(d) If a hearing is requested, the hearing shall be conducted in accordance with the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.

(e) After the hearing, if one is held, or after the deadline for requesting a hearing if a request is not received, the department shall:

(1) Revoke the approval, if the department determines that:

a. The approval would not have been issued if the information submitted had been true, complete, and not misleading; and

b. The project for which the permit was obtained cannot be made to conform to applicable requirements; or

(2) Suspend the permit, if the department determines that:

a. The approval would have been issued if the information submitted had been true, complete, and not misleading; and

b. The project for which the approval was obtained can be made to conform to applicable requirements.

(f) If an approval is suspended pursuant to (e)(2), above, the department shall reinstate the approval upon receiving proof from the respondent that the project meets applicable requirements.

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 316.04 Modification of Approvals {#sec-env-wt-316.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 316.04}

The department shall issue a modified permit if it determines, as a result of a hearing conducted pursuant to Env-Wt 316.03, that:

(a) A modification of the approval is necessary to bring the project into compliance with applicable requirements; and

(b) The modified approval meets all applicable criteria for issuance and does not constitute a significant amendment as defined in RSA 482-A:3, XIV(e).

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 316.05 Notice of Decisions; Appeals {#sec-env-wt-316.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 316.05}

(a) The department shall notify the respondent in writing of its decision. If the decision is to suspend, revoke, or modify the approval, the department shall specify the reason(s) for the decision.

(b) Any person aggrieved by the decision who wishes to appeal the decision shall file an appeal with the wetlands council as specified in Env-Wt 203.

Appendix A: State Statutes Implemented

Rule

State Statute(S) Implemented

Federal Statutes/Regulations Implemented

Env-Wt 300 (see additional statutes and federal statutes/ regulations for specific rules below)

RSA 482-A:1 - 4, 6, 8 - 34

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 306.05(a)(1)

RSA 482-A:1 - 4, 6, 8 - 34;

RSA 483-B; RSA 487

Clean Water Act, 33 U.S.C. Ch. 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 307.03

RSA 482-A:1 - 4, 6, 8 – 27; RSA 485-A:8; RSA 485-C

Env-Wt 307.05

RSA 487:15 - 16-d

Env-Wt 307.06

RSA 212-A; RSA 217-A

Endangered Species Act, 16 U.S.C. §1531 et seq.

Env-Wt 307.07

RSA 483-B

Env-Wt 307.09

RSA 483-B

Env-Wt 307.12

RSA 482-A:1 - 4, 6, 8 – 34, RSA 430, RSA 487

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 308.05

RSA 482-A:1 - 4, 6, 8 – 27; RSA 212-A; RSA 217-A

Env-Wt 310.01

RSA 482-A:1 - 4, 6, 8 – 27; RSA 482-A:11, VI

Env-Wt 308.05(b)(2); Env-Wt 310.01(b)(8); Env-Wt 311.01(b); and Env-Wt 311.06(g)

RSA 482-A:1 - 4, 6, 8 – 34; RSA 212-A; RSA 217-A

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415; Endangered Species Act, 16 U.S.C. §1531 et seq.

Env-Wt 308.06

RSA 482-A:1 - 4, 6, 8 – 27

Env-Wt 309.02; Env-Wt 309.04; Env-Wt 309.07; Env-Wt 311.01; Env-Wt 311.04

RSA 482-A:1 - 4, 6, 8 – 27

Env-Wt 308.08(b)

RSA 482-A:1 - 4, 6, 8 - 34; RSA 483-B

Clean Water Act, 33 U.S.C. Ch. 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 309.06(d)

Env-Wt 311.07(b)(2)

Env-Wt 312.02(b)(3)

Env-Wt 312.03(a)

RSA 482-A:1 - 4, 6, 8 - 34 RSA 483-B; RSA 485-A; RSA 487; RSA 212-A

Clean Water Act, 33 U.S.C. Ch. 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 310.01 intro, (a), (b)(1), (b)(7), & (f) - (i)

RSA 482-A:11, VI

Clean Water Act, 33 U.S.C. Ch. 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 310.04

RSA 12-E

Env-Wt 311.06

RSA 482-A:1 - 4, 6, 8 – 27; RSA 212-A; RSA 217-A:7

Env-Wt 313.04

RSA 482-A:1 - 4, 6, 8 – 34; RSA 483-B

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 316

RSA 541-A:30

Env-Wt 316.05

RSA 21-O:14

Appendix B: Incorporated References

Rule

Title (Date)

Obtain From:

Env-Wt

307.03(b)(2)a.

Env-Wt

520.05(a)(1)c.

New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations (2016)

UNH Cooperative Extension

Download at no cost from:

https://extension.unh.edu/resources/files/Resource000247_Rep266.pdf

Env-Wt

307.03(b)(2)b

Env-Wt 521.06(a)(1)

Env-Wt 521.06(b)(3)

Best Management Practices Manual, Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire - (March 2019)

NH Department of Natural and Cultural Resources,

Division of Forests and Lands

Download at no cost from:

https://www.nhdfl.dncr.nh.gov/sites/g/files/ehbemt866/files/inline-documents/dncr-utility-bmps-2019.pdf

Env-Wt

307.03(b)(2)c.

Best Management Practices for Erosion Control During NH Trail Maintenance and Construction (January 2017)

NH Department of Natural and Cultural Resources, Division of Parks & Recreation, Bureau of Trails

Download at no cost from: https://www.nhstateparks.org/getmedia/3c45de00-e174-4df0-b678-4670b254290d/Best-Management-Practices-For-Erosion-Control-During-Trail-Maintenance-and-Construction.pdf

Env-Wt

307.03(b)(2)d.

Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire (2019)

NH Department of Transportation

Download at no cost from:

https://mm.nh.gov/files/uploads/dot/remote-docs/best-management-practices-for-routine-roadway-maint-activities.pdf

Env-Wt

307.05(e)

Best Management Practices For the Control of Invasive and Noxious Plant Species (2018)

NH Department of Transportation

PO Box 483

7 Hazen Drive

Concord, New Hampshire 03302-0483

Phone: (603) 271-3734

Fax: (603) 271-3914

Email: info@dot.nh.gov

Download at no cost from:

https://www.nh.gov/dot/org/projectdevelopment/environment/units/program-management/documents/FINAL-ENV1Manual1-InvasiveSpecies.pdf

History

#12803, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 311.03 Permits and Other Authorizations; Conditions Applicable to All Work in Jurisdictional Areas {#sec-env-wt-311.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 311.03}

(a) Env-Wt 311.07(b)(3) Env-Wt 313.03(a) Wetlands Best Management Practice Techniques for Avoidance, Minimization (2019) New England Interstate Water Pollution Control Commission Wannalancit Mills 650 Suffolk Street, Suite 410 Lowell, MA 01854 Phone: (978) 323-7929 Fax: (978) 323-7919 General Email: mail@neiwpcc.org Download at no cost from: http://neiwpcc.org/wp-content/uploads/2019/03/Wetlands-BMP-Manual-2019.pdf Env-Wt 311.10(a)(2)a. The Highway Methodology Workbook (1993) New England District Highway Methodology Workbook Supplement (1999) US Army Corps of Engineers New England District 696 Virginia Road Concord, MA 01742-2751 (978) 318-8338 Download at no charge from: http://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/HighwayMethodBook.pdf https://www.nae.usace.army.mil/Portals/74/docs/regulatory/Forms/HighwaySupplement6Apr2015.pdf Env-Wt 311.12(a)(1) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region, Version 2.0 (January 2012) U.S. Army Corps of Engineers New England District 696 Virginia Road Concord, MA 01742-2751 (978)318-8338 Download at no charge from: https://www.lrh.usace.army.mil/Portals/38/docs/USACE%2087%20Wetland%20Delineation%20Manual.pdf Env-Wt 312.04(d)(1) Land Trust Standards and Practices: Ethical and Technical Guidelines for the Responsible Operation of a Land Trust (2017) Land Trust Alliance 1250 H Street, NW, Suite 600 Washington, DC 20005 Phone: (202) 638-4725 General email: info@lta.org Download at no cost from: https://landtrustalliance.org/resources/learn/topics/land-trust-standards-and-practices/

Appendix C: Other Statutory Provisions

RSA 482-A:3:

I. …

(d) At the time the applicant files the application with the department, the applicant shall provide written notice of the proposed project to:

(1) All abutters, as defined in the rules of the department, unless exempted in such rules, which shall be provided by certified mail or other delivery method that provides proof of receipt. The applicant shall retain such receipts and provide copies to the department upon request. The department shall have no obligation to verify the identity of abutters or their receipt of notice. Any abutter who has actual notice of the filing of an application shall have no cause to challenge the application based on failure to receive written notice. Nothing in this subparagraph shall prevent the department from taking appropriate action in the event an applicant fails to provide the required notice or provides false information.

(2) The local river management advisory committee if the project is within a river corridor as defined in RSA 483:4, XVIII, or a river segment designated in RSA 483:15. Such notice shall be sent by certified mail or other delivery method that provides proof of receipt. The applicant shall retain such receipts and provide copies to the department upon request. The local river management advisory committee shall, under RSA 483:8-a, III(a)-(b), advise the commissioner and consider and comment on the permit application.

…

XIV. (a) In processing an application for permits under this chapter, except for a permit by notification, the department shall:

(1) Within 14 days of receipt by the department, issue a notice of administrative completeness or send notice to the applicant, at the address provided on the application, identifying any additional information required to make the application administratively complete and providing the applicant with the name and telephone number of the department employee to whom all correspondence shall be directed by the designated department employee regarding incompleteness of the application. Each receipt of additional information in response to any notice shall re-commence the 14-day period until the department issues a notice of administrative completeness. Any notice of incompleteness sent under this subparagraph shall specify that the applicant or authorized agent shall submit such information as soon as practicable and shall notify the applicant or authorized agent that if the requested information is not received within 60 days of the notice, the department shall deny the application.

(2) Within 75 days of the issuance of a notice of administrative completeness for projects where the applicant proposes under one acre of jurisdictional impact and 105 days for all other projects, request any additional information that the department is permitted by law to require to complete its evaluation of the application, together with any written technical comments the department deems necessary. Such request and technical comments may be sent by electronic means if the applicant or authorized agent has indicated an agreement to accept communications by electronic means, either by so indicating on the application or by a signed statement from the applicant or authorized agent that communicating by electronic means is acceptable. Any request for additional information under this subparagraph shall specify that the applicant submit such information as soon as practicable and shall notify the applicant that if the requested information is not received within 60 days of the request, the department shall deny the application. The department may grant an extension of this 60-day time period upon request of the applicant.

(3) Where the department requests additional information pursuant to subparagraph (a)(2), within 30 days of the department's receipt of a complete response to the department's information request:

(A) Approve the application, in whole or in part, and issue a permit; or

(B) Deny the application and issue written findings in support of the denial; or

(D) Extend the time for rendering a decision on the application for good cause and with the written agreement of the applicant; or

(4) Where no request for additional information is made pursuant to subparagraph (a)(2), within 75 days from the issuance of the notice of administrative completeness for proposed projects under one acre of jurisdictional impact, or 105 days for all others:

(A) Approve the application, in whole or in part, and issue a permit; or

(B) Deny the application and issue written findings in support of the denial; or

(D) Extend the time for rendering a decision on the application for good cause and with the written agreement of the applicant.

(5) Where the department has held a public hearing on an application filed under this chapter, within 60 days following the closure of the hearing record, approve the application in whole or in part, and issue a permit or deny the application and issue written findings in support of the denial.

Appendix D: Statutory Permits-by-Notification Conditions

RSA 482-A:3

V. (a) Persons who have complied with notice of intent to cut wood requirements under RSA 79:10, and who have filed an appropriate notice of intent with the department and the department of natural and cultural resources, shall have satisfied the permitting requirements of this section for minimum impact activities only as defined by rules adopted by the commissioner. Minimum impact notifications issued by the department shall be valid for 2 years.

(b) Appropriate notice to the department and the department of natural and cultural resources shall include the following information:

(1) Name and address of property owner;

(2) Name and address of logger or forester;

(3) Town, tax map, number and lot number of job site; and

(4) A copy of the appropriate United States Geological Survey topographic map, or a copy of the appropriate United States Natural Resources Conservation Service soils map, with the type and location of all wetland and waterbody crossings clearly indicated.

(c) A $25 filing fee shall accompany the notice to the department. Such fees shall be held in accordance with paragraph III.

(d) The filing of an intent to cut form under RSA 79:10 shall be considered as permission to the department or the department of natural and cultural resources, or their agents, to enter the property for determining compliance with this chapter.

(e) The certificate issued under RSA 79:10 shall be posted upon receipt. Prior to receipt of such certificate, a copy of the intent to cut form, signed by the appropriate municipal official, shall be available on the job site, and shall be shown to any person who asks to see it.

XII. (a) Persons who construct and maintain recreational trails in accordance with the Best Management Practices for Erosion Control During Trail Maintenance and Construction published by the department of resources and economic development and who have filed an appropriate notice, as described in subparagraph (b), to construct or maintain such trails with the department and the department of resources and economic development shall have satisfied the permitting requirements of this section for minimum impact activities, as defined by rules adopted by the commissioner.

(b) Appropriate notice to the department and the department of resources and economic development shall include the following information:

(1) Name and address of organization constructing or maintaining the recreational trail.

(2) Name and address of property owner.

(3) Town, tax map number, and lot number of property.

(4) A copy of the appropriate United States Geological Survey topographic map with the type and location of all wetland and waterbody crossings clearly indicated.

(c) A $25 filing fee shall accompany the notice to the department. Such fees shall be held in accordance with paragraph III.

XV. (a) Utility providers who maintain and repair existing utility services within existing rights of way under the Best Management Practices Manual for Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire published by the department of resources and economic development, and who have complied with subparagraphs (b)-(e) shall satisfy the permitting requirements of this section, including any portion located in or adjacent to a prime wetland, for minimum impact activities as defined by rules adopted by the commissioner.

(b) Appropriate notice to the department shall include the following information:

(1) The name and address of the person, employed by the utility provider responsible for overseeing the maintenance.

(2) A brief written description of the nature of the work to be conducted.

(3) A copy of the appropriate United States Geological Survey topographic map with the locations of the projects indicated.

(c) Appropriate notice to the town clerk of each municipality in which work will occur shall include the name of a utility provider contact and a brief description of the work to be conducted.

(d) A one-time annual filing fee of $200 per town, not to exceed a maximum of $10,000, shall accompany the notice to the department. Such fees shall be held in accordance with paragraph III.

(e) No additional fee shall be required for amendments to the notification as long as additional towns are not included in the amendment. Additional towns included in the amendment shall be subject to an additional fee of $200 per town, not to exceed the annual maximum under subparagraph (d).

XVI. (a) Except as provided in paragraph XVII, any person or political subdivision that repairs or replaces culverts or stream crossing structures in accordance with the best management practices for routine roadway maintenance in New Hampshire published by the department of transportation, including culverts up to and including 48 inches in diameter or the functional hydraulic equivalent, and files an appropriate notice under subparagraph (b), shall satisfy the permitting requirements of this section for minimum impact activities, as defined by rules adopted by the commissioner.

(b) Appropriate notice to the department shall include a completed routine roadway notification form as outlined in rules adopted by the commissioner pursuant to RSA 541-A including, at a minimum, the following information:

(1) Name and mailing address of the applicant or authorized person.

(2) Name and mailing address of the applicant or authorized agent, if any, representing the political subdivision.

(3) Telephone number, and e-mail address and fax number if available.

(4) A copy of the appropriate United States Geological Survey topographic map at its original scale on 8 1/2 x 11 sheets with the project locations clearly labeled.

(5) Town tax map, number, and lot number, if any, of the project sites.

(6) Project location including street name and address or distance from the nearest intersection to the project.

(7) Information regarding the existing and proposed structure shown on plan sheets or equivalent

plans as shown in the best management practices for routine roadway manual and a listing of the best management practices to be used during construction.

(8) Color photographs depicting the proposed work sites showing existing structures, surrounding land, and jurisdictional areas in and adjacent to the work location.

(9) A signed certification that information is accurate and correct and that work will conform to the best management practices for routine roadway maintenance.

(c) Appropriate notice to the department under subparagraphs (a) and (b) shall be mailed and received by department at least 5 days prior to the start of construction.

Appendix E: Summary of Abbreviations and Acronyms

Term

Meaning

Agriculture BMWPs

“Best Management Wetlands Practices for Agriculture” dated 2019, published by the NH Department of Agriculture, Markets, and Food

A/M BMPs

“Wetlands Best Management Practice Techniques For Avoidance and Minimization” dated 2019, published by the New England Interstate Water Pollution Control Commission

CPESC specialist

Cubic Yard

Federal classification method

Method established in “Classification of Wetlands and Deepwater Habitats of the United States”, adapted from Cowardin, Carter, Golet and LaRoe (1979), August 2013, FGDC- STD-004-2013

Federal delineation method

Forestry BMPs

“New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations” dated 2016, published by the University of New Hampshire Cooperative Extension

HOTL

Highest Observable Tide Line

Invasive Plant BMPs

“Best Management Practices For the Control of Invasive and Noxious Plant Species” dated 2018, published by the NHDOT

Marina BMPs

“Best Management Practices For New Hampshire Marinas” dated 2001, published by the NHDES Pollution Prevention Program

LAC

Local [River] Advisory Committee

LiDAR

Linear Foot

NH Method

“Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire” dated 2013 and revised 2015 and 2016, available at https://nhmethod.org/

NHB

Natural Heritage Bureau of the NH DNCR

NH DNCR

NH Department of Natural and Cultural Resources

NHF&G

NH Fish and Game Department

NHDOT

NH Department of Transportation

NRCS

Natural Resources Conservation Service of the U.S. Department of Agriculture

PBN

Permit-by-Notification (created in the rules)

PRA

Priority Resource Area - a jurisdictional area that:

(a) Has documented occurrences of protected species or habitat;

(b) Is a bog;

(d) Is a designated prime wetland or a duly-established 100-foot buffer zone;

(e) Is a sand dune, tidal wetland, tidal water, or undeveloped tidal buffer zone; or

(f) Is any combination of (a) through (e), above.

Professional engineer

Routine Roadway BMPs

“Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire” dated 2019, published by the NHDOT

Square Foot

SPN

Statutory Permit-by-Notification (established in RSA 482-A)

Subject property

(a) For projects in surface water for which any kind of permit is required, the parcel(s) of land adjacent to and associated with the area in which the project will occur or has occurred; or

(b) For all other projects for which any kind of permit is required, the parcel(s) of land on which the project will occur or has occurred.

Trail BMPs

“New Hampshire Best Management Practices for Erosion Control During Trail Maintenance and Construction” dated 2017, published by the NH DNCR

US ACE

U.S. Army Corps of Engineers

USGS

United States Geological Survey

Utility BMPs

“Best Management Practices Manual, Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire” dated 2019, published by the NH DNCR

WAP

Wildlife Action Plan prepared and published by NHF&G

Water Quality BMPs

WPPT

Wetlands Permit Planning Tool - a GIS tool that provides access to data for planning projects near or in jurisdictional areas, available at https://nhdeswppt.unh.edu

Chapter Env-Wt 400 Delineation and Classification of Jurisdictional Areas; Classification of Projects

Part Env-Wt 405 Purpose; Applicability; Abbreviations and Acronyms

N.H. Code Admin. R. Ann. Env-Wt 405.01 Purpose {#sec-env-wt-405.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 405.01}

The purpose of this part is to establish:

(a) The criteria for delineating and classifying jurisdictional areas; and

(b) The criteria for classifying the various kinds of projects that impact jurisdictional areas.

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 405.02 Applicability {#sec-env-wt-405.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 405.02}

This part shall apply to all dredging, filling, or construction activities, or any combination thereof, undertaken or proposed to be undertaken in any jurisdictional area.

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 405.03 Abbreviations and Acronyms {#sec-env-wt-405.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 405.03}

Abbreviations and acronyms used throughout this chapter shall have the meaning assigned in Env-Wt 100, as summarized in Appendix E.

History

#12804, eff 12-15-19

Part Env-Wt 406 Delineation and Classification of Jurisdictional Areas

N.H. Code Admin. R. Ann. Env-Wt 406.01 References for Delineation of Wetlands Boundaries {#sec-env-wt-406.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 406.01}

(a) Subject to (b) through (d), below, the individual performing the wetlands delineation on behalf of the applicant shall base the delineation on the presence of hydrophytic vegetation, hydric soils, and wetlands hydrology in accordance with the federal delineation method, available as noted in Appendix B.

(b) The hydrophytic vegetation component of the delineation shall be done in accordance with the Northcentral and Northeast 2016 Regional Wetland Plant List, Version 3.3, 2016, published by the US ACE and available as noted in Appendix B.

(c) The hydric soils component of delineations shall be determined in accordance with the New England Hydric Soils Technical Committee’s “Field Indicators for Identifying Hydric Soils in New England”, Version 4, 2017, published by the New England Interstate Water Pollution Control Commission and available as noted in Appendix B.

(d) Delineations of vernal pools shall be based on the characteristics listed in the definition of “vernal pool” in Env-Wt 104. To assist in the delineation, individuals may use either of the following references:

(1) “Identififying and Documenting Vernal Pools in New Hampshire”, 3rd Ed., 2016, published by NHF&G and available as noted in Appendix B; or

(2) The US ACE “Vernal Pool Assessment” draft guidance dated 9-10-2013 sand form dated 9-6-2016, Appendix L of the USACE New England District Compensatory Mitigation Guidance, available as noted in Appendix B.

History

#12804, eff 12-15-19; amd by #12954, eff 12-24-19

N.H. Code Admin. R. Ann. Env-Wt 406.02 Delineation of Wetlands Boundaries {#sec-env-wt-406.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 406.02}

(a) For projects for which a wetlands delineation is required, wetlands boundaries shall be delineated by a certified wetland scientist except in the circumstances listed in RSA 310-A:79, reprinted in Appendix D.

(b) Wetlands delineations shall remain valid for 5 years, unless:

(1) There is a reasonable basis to believe the original delineation might be incorrect according to the reference(s) cited in Env-Wt 406.01, as applicable;

(2) The property or adjacent property has been disturbed in such a way as to increase or decrease stormwater or surface water run-off or groundwater flow to any portion of the property for which the delineation was done;

(3) Any other information becomes available that warrants a review of the delineation; or

(4) If vernal pools might be present:

a. The delineation of the vernal pool(s) was not done to coincide with the use of vernal pools by primary indicator species; or

b. One or more primary indicator species were not representative of the species’ normal biological cycle.

(c) If a wetlands delineation is more than 5 years old or if any of the criteria listed in (b), above, are met, the delineation shall be:

(1) Verified through field observations and documentation to be the same as the original delineation; or

(2) Replaced with a new delineation, if the original delineation cannot be verified.

(d) If delineation of vernal pools is done under the conditions identified in (b)(4), above, the applicant shall provide such additional information and documents, including photographs, as are necessary to clarify vernal pool boundaries.

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 406.03 Wetlands Delineation Not Required for Certain Projects {#sec-env-wt-406.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 406.03}

(a) Delineation of wetlands, including vernal pools, shall not be required for the following projects:

(1) Any project that qualifies for a statutory permit-by-notification (SPN);

(2) Minimum impact exotic aquatic weed control or minimum impact native aquatic vegetation removal projects as provided in Env-Wt 510;

(3) Agriculture projects impacting less than 3 acres of wet meadow, provided the application and plan are prepared by the NRCS or a certified wetland scientist; and

(5) Shoreline structure projects at the shoreline of or extending over open water, or both, where there are no vegetated wetlands unless the exemption in (2), above, applies.

(b) Delineation of wetlands, including vernal pools, shall not be required outside the limits of wetland impact if:

(1) No work is done prior to a complete and accurate application being submitted for the activity; and

(2) The activity covered by the application is:

a. Timber harvesting undertaken in compliance with RSA 227-J or trail construction or maintenance pursuant to Env-Wt 517 where:

No development or other change in land use will occur;
The project qualifies as a minimum impact project under the criteria in Env-Wt 407 and Env-Wt 408; and
The application includes the location(s) and type(s) of wetlands crossed on a USGS map and on an NRCS soils drainage class map, and demonstrates that the wetland dimensions and project impacts meet the minimum impact thresholds;

b. Agriculture that falls outside of the parameters of (a)(3), above, only because:

The area of impact exceeds 3 acres;
Alteration will occur to other than wet meadows only; or
A combination of a. and b.; or

c. A minimum impact utility maintenance project in accordance with Env-Wt 521 where:

No new permanent access roads will be established;
No permanent crossings of streams or wetlands will be installed;
Maintenance will be through existing utility corridors;
Work will be temporary or maintenance; and
The application includes the location(s) and types(s) of wetlands crossed on the most recent National Wetland Inventory map, USGS map, or an annotated aerial photograph in accordance with the Utility BMPs, available as noted in Appendix B.

History

#12804, eff 12-15-19; amd by #12956, EMERGENCY RULE, eff 12-23-19, EXPIRES: 6-20-20; amd by #13046, eff 6-2-20; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 406.04 Delineation of Water Courses {#sec-env-wt-406.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 406.04}

Water courses shall be delineated as follows:

(a) For perennial streams, by identifying on each side:

(1) The limit of the bank; and

(2) The ordinary high water mark on the bank; and

(b) For intermittent streams, by the ordinary high water mark.

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 406.05 Identification of Other Jurisdictional Areas {#sec-env-wt-406.05 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 406.05}

Jurisdictional areas not subject to delineation as described in Env-Wt 406.01, Env-Wt 406.02, or Env-Wt 406.04 shall be identified as described below, as applicable:

(a) Any features subject to Env-Wt 600 shall be delineated based on their definitions;

(b) Surface water bodies such as lakes and ponds shall be delineated to the limit of the bank and include the normal high water line; and

(c) For any project in a prime wetlands or a duly-established 100-foot buffer for which a delineation has been submitted to the department pursuant to Env-Wt 703, the delineation identified in Env-Wt 703.06 shall be used.

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 406.06 Classification of Wetlands {#sec-env-wt-406.06 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 406.06}

(a) Each wetland shall be classified by the applicant in accordance with the federal classification method.

(b) The wetland classification of each wetland shall be identified on plans submitted with an application for a standard permit.

(c) For major and minor projects with permanent impacts to any watercourse, each watercourse shall be classified in accordance with Applied River Morphology, 2nd edition, 1996, available as noted in Appendix B.

History

#12804, eff 12-15-19; amd by #12954, eff 12-24-19

Part Env-Wt 407 Basis for Classification of Projects

N.H. Code Admin. R. Ann. Env-Wt 407.01 Basis for Impact Classification {#sec-env-wt-407.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 407.01}

Unless otherwise specified in this part or in Env-Wt 408, a project shall be classified as a minimum impact, minor impact, or major impact project based on:

(a) The type of jurisdictional area proposed to be impacted by the project;

(b) The size of the proposed impact on jurisdictional areas; or

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 407.02 Impact Classification Adjustments {#sec-env-wt-407.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 407.02}

(a) A project that impacts a PRA and that does not qualify for a project-type exception (PTE) under Env-Wt 407.04 shall be classified as a major project regardless of the size of the impact.

(b) A project shall be classified as a minor or major project, as applicable based on the other qualifying criteria, regardless of the size of the impact if it does not qualify for a PTE under Env-Wt 407.04 and it impacts:

(1) A perennial stream, unless otherwise classified in Env-Wt 900;

(2) A marsh; or

(3) A scrub-shrub wetland adjacent to a surface water that:

a. Is not located in a gravel pit, highway right-of-way, utility right-of-way, or residential or commercial development; or

b. Contains at least 50 LF, measured parallel to the shoreline, of obligate wetland shrub species.

(c) A project that is classified as a major project based solely on the documented occurrence of protected species or habitat and would otherwise qualify for an LSA, PBN, EXP, or as a standard minimum or minor impact project shall be processed as an LSA, PBN, EXP, or standard minimum or minor impact project, as applicable based on the other qualifying criteria, only if the applicant provides written documentation committing to implementation of recommendations from the ecological review section of the department regarding the protected species or habitat.

(d) A project that is classified as a major project based solely on the documented occurrence of protected species or habitat shall be processed as a minimum impact project where the project would otherwise qualify as an SPN, only if the person responsible for the SPN project obtains recommendations from the ecological review section of the department regarding the protected species or habitat.

History

#12804, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wt 407.03 Jurisdictional Area Size Thresholds; Measuring Watercourse Length {#sec-env-wt-407.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 407.03}

(a) Subject to (b), below, projects shall be classified based on size as shown in Table 407-1, below:

Table 407-1: Classification Based on Size of Impact

Type of Jurisdictional Area

Minimum

Minor

Major

Other than watercourse

< 3,000 square feet (SF)

≥ 3,000 SF to < 10,000 SF

≥ 10,000 SF

Watercourse

< 50 linear feet (LF)

≥ 50 LF to < 200 LF

≥ 200 LF

(b) Projects shall not be classified based on Table 407-1 if the project:

(1) Is subject to an adjustment under Env-Wt 407.02;

(2) Qualifies for a PTE under Env-Wt 407.04; or

(3) Qualifies for project-specific size criteria as identified in Env-Wt 407.04, Table 407-2.

(1) For intermittent watercourses, the distance shall be measured along the thread of the channel; and

(2) For perennial watercourses, the total distance shall be calculated by summing the lengths of the disturbance to the channel and the banks.

History

#12804, eff 12-15-19; amd by #13124, eff 10-23-20

N.H. Code Admin. R. Ann. Env-Wt 407.04 Project-Type Exceptions (PTEs) {#sec-env-wt-407.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 407.04}

(a) Classification based on size as established in Env-Wt 407.03 shall not apply to any project that meets the requirements for an SPN under Env-Wt 308 and the applicable provisions in Env-Wt 500, however such projects remain subject to Env-Wt 307 and all other qualifying criteria.

(b) Classification based on resource type impacted shall not apply to a restoration/enhancement project under Env-Wt 525 that:

(1) Is funded in whole or in part with public funds, whether from a federal, state, or local agency;

(2) Is conducted under the supervision of a New Hampshire state agency established to manage or protect natural resources, the university of New Hampshire, the US Environmental Protection Agency, the US ACE, NRCS, the National Oceanic and Atmospheric Administration (NOAA), the US Forest Service, or the US Fish and Wildlife Service; and

(3) Is not done to restore any area that is subject to a removal or restoration order.

(1) Maintenance, repair, and replacement in-kind of existing legal shoreline structures, whether tidal or non-tidal;

(2) Repair, but not replacement or slip lining, of existing legal stream crossings; or

(3) The projects listed in Table 407-2, below, which shall be classified as specified in Table 407-2, below:

Table 407-2: Classification Criteria For Specified Projects

Type of Project

Classification Criteria Specified In

Aquatic vegetation control

Env-Wt 510

Water access structures

Env-Wt 511

Breakwaters

Env-Wt 512

Docking structures and accessory docking structures

Env-Wt 513

Bank stabilization

Env-Wt 514

Dug-in basins/boat houses

Env-Wt 515

Trails, paths, and boardwalks

Env-Wt 517

Ponds

Env-Wt 519

Forestry

Env-Wt 520

Utility projects

Env-Wt 521

Agriculture

Env-Wt 522

Non-tidal Dredging

Env Wt 523

Dams

Env-Wt 526

Tidal projects including tidal docks, tidal dredging, tidal bank stabilization, sand dunes, coastal lands, and beach maintenance projects

Env-Wt 600

Stream crossings

Env-Wt 900

History

#12804, eff 12-15-19; amd by #12954, eff 12-24-19

Part Env-Wt 408 Priority Resource Areas; Fill in Public Waters; Aggregation

N.H. Code Admin. R. Ann. Env-Wt 408.01 Projects In Priority Resource Areas (PRAs) {#sec-env-wt-408.01 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 408.01}

A project shall be classified as major impact if any part of the project impacts a priority resource area (PRA), which classification shall take precedence over any lower classification, unless the project:

(a) Is subject to a lower classification under Env-Wt 407.02; or

(b) Qualifies for a PTE under Env-Wt 407.04.

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 408.02 Fill in Public Waters to Make Land {#sec-env-wt-408.02 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 408.02}

(a) A project shall be classified as major impact if, as any part of the project, fill will be placed in public waters for the purpose of making land.

(b) Classification as a major impact project based on (a), above, shall:

(1) Take precedence over any lower classification; and

(2) Not be eligible for a waiver or downgrade of the classification.

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 408.03 Aggregation of Projects: Consistent Scheme of Development {#sec-env-wt-408.03 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 408.03}

(a) As authorized by RSA 482-A:11, V, a series of minor or minimum impact projects, or any combination thereof, undertaken by a single developer or several developers within the 5 years preceding the application for the current project shall constitute a major impact project if the projects, when taken in the aggregate, meet any of the criteria for a major impact project as identified in Env-Wt 407.02 or Env-Wt 407.03, and:

(1) The subject properties are abutting;

(2) The projects are a part of an overall scheme of development; or

(3) The projects are otherwise consistent parts of an eventual whole.

(b) Classification as a major impact project based on (a), above, shall:

(1) Take precedence over any lower classification; and

(2) Not be eligible for a waiver or downgrade of the classification.

History

#12804, eff 12-15-19

N.H. Code Admin. R. Ann. Env-Wt 408.04 Aggregation of Projects: Same Property {#sec-env-wt-408.04 omnilex-key=us-nh-regs-official--agency-env-wt--Env-Wt 408.04}

(a) A project shall be classified as major impact if the totality of all impacts of all projects on the subject property within the 5 years preceding the application for the current project meets any of the criteria for a major project listed in Env-Wt 407.02 or Env-Wt 407.03.

(b) For purposes of (a), above, the following shall apply:

(1) The subject property shall include any lots that have been subdivided from the property if the lots were part of the same property when one or more of the prior projects occurred; and

(2) Previous work on the subject property shall include all dredging, filling, and construction activities on the property, regardless of whether the work was done pursuant to an exemption or any form of approval from the department, or was done illegally.

(1) Take precedence over any lower classification; and

(2) Not be eligible for a waiver or downgrade of the classification.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Statutes, Regulations Implemented

Env-Wt 400 (See additional statutes for specific rules below)

RSA 482-A:1 - 4, 6, 8 - 34

Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415

Env-Wt 407.02

RSA 482-A:1 - 4, 6, 8 – 27; RSA 212-A; RSA 217-A

Appendix B: Incorporated References

Rule

Title (Date)

Obtain From:

U.S. Army Corps of Engineers

New England District

696 Virginia Road

Concord, MA 01742-2751

(978)318-8338

Env-Wt 406.01(a)

Wetlands Delineation Manual, Technical Report Y-87-1 (January 1987)

Regional Supplement to the Wetlands Delineation Manual: Northcentral and Northeast Region, Version 2.0 (January 2012)

Available to download at no cost from:

New England District > Missions > Regulatory > Jurisdiction and Wetlands > Wetland Delineation Manual (army.mil)

Available to download at no cost from:

ERDC/EL TR-12-1 "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region: (Version 2.0)" (army.mil)

Env-Wt 406.01(b)

Northcentral and Northeast 2016 Regional Wetland Plant List, Version 3.3 (2016)

Available to download at no cost from:

http://wetland-plants.usace.army.mil/nwpl_static/data/DOC/lists_2016/Regions/pdf/reg_NCNE_2016v1.pdf

Env-Wt 406.01(c)

Field Indicators for Identifying Hydric Soils in New England, Version 4 (2017)

New England Interstate Water Pollution Control Commission

Wannalancit Mills

650 Suffolk Street, Suite 410

Lowell, MA 01854

Phone: (978) 323-7929

Fax: (978) 323-7919

General Email: mail@neiwpcc.org

Available to download at no cost from:

Indicator A1: Histosol (neiwpcc.org)

Env-Wt 406.01(d)(1)

Identification and Documentation of Vernal Pools in New Hampshire, 3^rd Ed. (2016)

NH Fish and Game Department

11 Hazen Drive

Concord, NH 03301

Phone: (603) 271-3421

HQ Fax: (603) 271-5829

Available to download at no cost from:

http://www.wildlife.state.nh.us/nongame/documents/vernal-pool-manual.pdf

Env-Wt 406.01(d)(2)

“Vernal Pool Assessment” draft guidance dated 9-10-2013 and form dated 9-6-2016, Appendix L of the USACE New England District Compensatory Mitigation Guidance

U.S Army Corps of Engineers

New England District

696 Virginia Road

Concord, MA 01742-2751

(978)318-8338

Available to download at no cost from:

http://www.nae.usace.army.mil/Portals/74/docs/regulatory/StateGeneralPermits/NEGP/VPAssessmentDRAFT.pdf

http://www.nae.usace.army.mil/portals/74/docs/regulatory/Mitigation/2016_New_England_Compensatory-Mitigation_Guidance

Env-Wt 406.03(b)(2)c.5.

Utility BMPs:

Best Management Practices Manual – Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire (2019)

NH Department of Natural & Cultural Resources

Division of Forests and Lands

172 Pembroke Road

Concord, NH 03301

Tel: (603) 271-2214

Fax: (603) 271-6488

Available to download at no cost from:

new_final_utility_bmp_manual_3_8_19.pdf (nh.gov)

Env-Wt 406.06(c)

Applied River Morphology, 2nd edition (1996)

Wildland Hydrology

11210 N. County Road 19

Fort Collins, CO 80524

Phone: (970) 568-0002

Email:wildland@wildlandhydrology.com

Available new for $71.76 + $10.00 shipping from

https://wildlandhydrology.com/books/?id=32&course=Applied+River+Morphology

Available used or new from Amazon.com and other sellers from _{$63 (used) to}$155 (new).

Appendix C: Exemptions from Requirement for Certified Wetland Scientist

RSA 310-A:79 Exemption. – This subdivision shall not be construed to prevent or to affect:

I. The practice of soil science by a nonresident having no established place of business in this state when such practice does not exceed, in the aggregate, more than 30 working days in any calendar year, provided such person is legally qualified to practice in a state or country in which the requirements and qualifications for obtaining a certificate are not lower than those specified in this subdivision. Practice for any portion of a day shall be deemed to constitute practice for an entire day.

II. The work of an employee or a subordinate of a person holding a certificate under this subdivision, or any employee of a person practicing lawfully under paragraph I, done under the direct supervision of a person holding a certificate under this subdivision or a person practicing lawfully under paragraph I.

III. The practice of officers and employees of the government of the United States or of the state of New Hampshire while engaged within this state in the practice of the profession of soil science or wetland science for the government.

IV. The determination of a hydric soil boundary or test pit evaluation to the extent permitted pursuant to RSA 485-A:35 for the purposes of septic system design or subdivision application pursuant to RSA 485-A or rules adopted under RSA 485-A. For this work, a municipality shall not require qualifications different from those established pursuant to RSA 485-A:35.

V. A homeowner from preparing a plan to provide vehicular and utility access to the homeowner's primary residence within 50 feet from the edge of a traveled way; provided, that he or she complies with rules adopted by the department of environmental services and standards adopted by the board.

RSA 482:2

II. (a) “Dam” means any artificial barrier, including appurtenant works, which impounds or diverts water and which has a height of 6 feet or more, or is located at the outlet of a great pond. A roadway culvert shall not be considered a dam if its invert is at the natural bed of the water course, it has adequate discharge capacity, and it does not impound water under normal circumstances. Artificial barriers which create surface impoundments for liquid industrial or liquid commercial wastes, septage, or sewage, regardless of height or storage capacity, shall be considered dams.

(b) An artificial barrier at a storm water detention basin, which impounds 0.5 acre-foot or less of water during normal conditions, shall not be considered a dam unless its height is 10 feet or greater or its maximum storage is 6 acre-feet or greater.

RSA 482-A:2

IV. “Mean high tide” shall be determined according to the published tables and standards of the United States Coast and Geodetic Survey, adjusted to the locality from such tables.

VII. “Sand dune” shall mean a hill or ridge of sand piled up by the wind and commonly found on the seacoast.